Download or read book Settlement and Plea Bargaining written by Mary Frances Edwards and published by . This book was released on 1981 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pretrial Settlement Conference written by Wayne A. Kerstetter and published by . This book was released on 1979 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Structured Plea Negotiations Test Design written by National Institute of Law Enforcement and Criminal Justice and published by . This book was released on 1979 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Plea Bargaining Third Edition written by G. Nicholas Herman and published by Juris Publishing, Inc.. This book was released on 2012-02-01 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plea Bargaining -- the only comprehensive, fully up-to-date reference on the subject -- teaches you how to negotiate the best deal. It discusses the nature, types and goals of plea bargaining, and treats in detail a wide variety of styles and strategies. Attorneys on both sides of the aisle know that effective plea bargaining is both an art and a science. You'll find extensive analysis of plea bargaining in the federal courts, the process of negotiating with the U.S. Attorney under the U.S. Sentencing Guidelines, as well as the plea policies of the Department of Justice contained in the United States Attorney’s Manual and the Principles of Federal Prosecution. Other pertinent standards and rules such as the ABA Standards for Criminal Justice, National District Attorneys Association Prosecution Standards and the ABA Model Rules of Professional Conduct are also discussed.
Download or read book Beyond Plea Bargaining written by Richard Lorren Jolly and published by . This book was released on 2020 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settlement is a term rarely used in criminal law. Instead, people speak almost exclusively of plea bargaining -- i.e., agreements in which a defendant promises to plead guilty in exchange for a prosecutor's promise to seek leniency in charging or sentencing. But a traditional plea agreement is just the most visible instance of criminal settlement and is nowhere close to the universe of possible arrangements. And in terms of their fundamentals, criminal settlements are essentially indistinguishable from civil settlements: the parties exchange what they have for what they prefer in order to advance their respective interests in cost minimization, risk mitigation, and value maximization as part of an atomized or comprehensive settlement agreement. Focusing only on a defendant's promise to plead guilty masks the diversity and complexity of the agreements into which defendants and prosecutors may and regularly do enter. This Article advances a comprehensive framework of criminal settlement -- one that leverages incomplete or partial settlements as an analytical frame that stretches beyond plea bargaining. As in the civil context, criminal settlements need not resolve disputes outright but may instead limit or redefine a dispute in a way that the parties find mutually beneficial. A critical difference in the criminal context, however, is that these bargains necessarily take place in the shadow of judicial discretion regulating access to the state's punitive power. Consequently, prosecutors and defendants consent to manipulate procedures, issues, and outcomes in order to constrain or influence judges in ways congruent with their interests. But judges are not passive and can act strategically to shape the types of bargains we observe. By modeling this interplay between parties and judges, a more complete picture emerges of the dynamics, outcomes, and policy implications of criminal settlement.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Plea Bargaining s Triumph written by George Fisher and published by Stanford University Press. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Download or read book Inside Plea Bargaining written by D.W. Maynard and published by Springer Science & Business Media. This book was released on 1984-07-31 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume investigates the skills, procedures, & routines involved in plea bargaining. It delineates specific practitioner skills, ways in which such procedures as character assessments are accomplished, & the mechanics of caseload management. Model sentencing decisions & a discourse system for negotiations are also included.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Les Discussions Et Ententes Sur Le Plaidoyer written by Law Reform Commission of Canada and published by Ottawa, Canada : Law Reform Commission of Canada. This book was released on 1989 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document presents the Commission's view on the need for reform together with their recommendations and commentary.
Download or read book State Court Sentencing of Convicted Felons written by and published by . This book was released on 1996 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Settlement Negotiations written by California Law Revision Commission and published by . This book was released on 1997 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prosecutorial Passion Cognitive Bias and Plea Bargaining written by Alafair S. Burke and published by . This book was released on 2012 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The standard account in support of plea bargaining is that it reflects both likely trial and sentencing outcomes, but a growing literature explores the ways in which plea negotiations are influenced by factors other than the likelihood of conviction and the probable post-trial sentence. For example, structural factors such as limited pre-trial discovery, attorney self-interest and incompetence, pretrial detention, and determinate sentencing can affect the parties' willingness and power to negotiate. Several scholars have also observed the ways that psychological and cognitive factors, such as overconfidence, denial, information barriers, framing, anchoring, and risk aversion, can influence plea bargaining. Previous examinations of the influence of cognitive bias on plea bargaining have focused primarily on the decision making of defendants. This Article, a contribution to Marquette Law Review's symposium on plea bargaining, seeks to contribute an additional dimension to the understanding of plea bargaining dynamics by exploring influences on the decision making of prosecutors. A central tenet of plea bargaining is that prosecutors are willing to negotiate settlements to free up trial resources for other cases. Accordingly, the first step in this Article's exploration of prosecutorial decision making in plea bargaining is an examination of the factors that drive a prosecutor's prioritization of cases. Specifically, Part I argues that prosecutors prioritize cases in part by the amount of passion they feel in each case. Prosecutorial passion - how much a prosecutor quot;caresquot; about a case - is an undefined and unexplored factor in the current literature, and reflects subjective determinations beyond the strength of a case's evidence or its likely post-conviction sentence. Part II explores the ways that prosecutorial passion might affect plea bargaining. First, passion might create a conscious aversion to plea bargaining in prosecutors. Second, even when a passionate prosecutor believes she desires settlement, passion might trigger or exaggerate cognitive biases that will make settlement less likely, such as selective information processing, loss aversion, framing, overoptimism, hindsight bias, anchoring, and the sunk cost fallacy. Part III concludes with some brief thoughts regarding the implications of prosecutorial passion for plea bargaining reform.
Download or read book The Art of Negotiation for Lawyers written by Robert A. Wenke and published by . This book was released on 1985 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sourcebook of Criminal Justice Statistics written by Kathleen Maguire and published by Claitor's Pub Division. This book was released on 2002-04 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Plea Bargaining written by Stanley P. Golde and published by . This book was released on 1975 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cases and Materials on Negotiation written by Cornelius J. Peck and published by . This book was released on 1972 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
