Download or read book Coercion to Compromise written by Mary E. Vogel and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Coercion to Compromise written by Mary E. Vogel and published by . This book was released on 2007 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plea bargaining is one of the most striking features of American courts. The vast majority of criminal convictions today are produced through bargained pleas. Where does the practice come from? Whose interests does it serve? Often plea bargaining is imagined as a corruption of the court during the post-World War II years, paradoxically rewarding those who appear guilty rather than those claiming innocence. Yet, as Mary Vogel argues in this pathbreaking history, plea bargaining's roots are deeper and more distinctly American than is commonly supposed. During the Age of Jackson, amidst crime and violence wrought by social change, the courts stepped forward as agents of the state to promote the social order. Plea bargaining arose during the 1830s and 1840s as part of this process of political stabilization and an effort to legitimate institutions of self-rule--accomplishments that were vital to Whig efforts to restore order and reconsolidate their political power. To this end, the tradition of episodic leniency from British common law was recrafted into a new cultural form--plea bargaining--that drew conflicts into the courts while maintaining elite discretion over sentencing policy. In its reliance on the mechanism of leniency, the courts were attempting a sort of social "triage"--sorting those who could be reclaimed as industrious and productive citizens from marginals and transients. The "worthy" often paid fines and were returned to their community under the watchful eyes of their intercessors and that most powerful web of social control, that of everyday life. Created during a period of social mobility, plea bargaining presumed that those with much to lose through conviction would embrace individual reform. Today, when many defendants who come before the court have much less in the way of prospects to lose, leniency may be more likely to be regarded with cynicism, as an act of weakness by the state, and plea bargaining may grow more problematic.
Download or read book On Compromise and Coercion written by Raphael Cohen-Almagor and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay addresses the concepts of compromise and coercion. When compromise takes place between two or more parties, reciprocity must be present; that is, the concessions are mutual. A relevant distinction is between principled and tactical compromise. A principled compromise refers to a mutual recognition by each side of the other's rights, which leads them to make concessions to enable them to meet on a middle ground. It is genuinely made in good faith and both sides reconcile themselves to the results. On the other hand, the notion of tactical compromise reflects temporary arrangement reached as a result of constraints related to time. Here, in fact, agents do not give up any of their aims. They do not act in good faith and do not intend to meet their counterpart on a middle ground. Instead, they simply realize that the end could not be achieved at a given point of time, and they aim to reach it stage by stage. The essential component of compromise, namely mutuality, is lacking. Next, the paper draws a further distinction between internalized coercion and designated coercion. Internalized coercion relates to the system of manipulation to which members of a certain sub-culture are subjected, which prevents them from realizing that they are being coerced to follow a certain conception that denies them basic rights. Designated coercion is individualistic in nature, aimed at a certain individual who rebels against the discriminatory norm. Unlike the internalized coercion it is not concerned with machinery aiming to convince the entire cultural group of an irrefutable truth; instead it is designed to exert pressure on uncertain, "confused" individuals so as to bring them back to their community.
Download or read book Hitler s Compromises written by Nathan Stoltzfus and published by Yale University Press. This book was released on 2016-07-12 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: History has focused on Hitler’s use of charisma and terror, asserting that the dictator made few concessions to maintain power. Nathan Stoltzfus, the award-winning author of Resistance of Heart: Intermarriage and the Rosenstrasse Protest in Germany, challenges this notion, assessing the surprisingly frequent tactical compromises Hitler made in order to preempt hostility and win the German people’s complete fealty. As part of his strategy to secure a “1,000-year Reich,” Hitler sought to convince the German people to believe in Nazism so they would perpetuate it permanently and actively shun those who were out of step with society. When widespread public dissent occurred at home—which most often happened when policies conflicted with popular traditions or encroached on private life—Hitler made careful calculations and acted strategically to maintain his popular image. Extending from the 1920s to the regime’s collapse, this revealing history makes a powerful and original argument that will inspire a major rethinking of Hitler’s rule.
Download or read book Coercion Exemption Compromise Convergence Or Avoidance written by Netta Barak-Corren and published by . This book was released on 2016 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liberty and Coercion written by Gary Gerstle and published by Princeton University Press. This book was released on 2017-10-24 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
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 Between Two Fires written by Joshua Yaffa and published by . This book was released on 2020 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a leading journalist in Moscow and correspondent for The New Yorker, a groundbreaking portrait of modern Russia and the inner struggles of the people who sustain Vladimir Putin's rule "Unforgettable. . . . This is a book about Putin's Russia that is unlike any other." --Patrick Radden Keefe, author of Say Nothing In this rich and novelistic tour of contemporary Russia, Joshua Yaffa introduces readers to some of the country's most remarkable figures--from politicians and entrepreneurs to artists and historians--who have built their careers and constructed their identities in the shadow of the Putin system. Torn between their own ambitions and the omnipresent demands of the state, each walks an individual path of compromise. Some muster cunning and cynicism to extract all manner of benefits and privileges from those in power. Others, finding themselves to be less adept, are left broken and demoralized. What binds them together is the tangled web of dilemmas and contradictions they face. Between Two Fires chronicles the lives of a number of strivers who understand that their dreams are best--or only--realized through varying degrees of cooperation with the Russian government. With sensitivity and depth, Yaffa profiles the director of the country's main television channel, an Orthodox priest at war with the church hierarchy, a Chechen humanitarian who turns a blind eye to persecutions, and many others. The result is an intimate and probing portrait of a nation that is much discussed yet little understood. By showing how citizens shape their lives around the demands of a capricious and frequently repressive state--as often by choice as under threat of force--Yaffa offers urgent lessons about the true nature of modern authoritarianism.
Download or read book Interrogations Confessions and Entrapment written by G. Daniel Lassiter and published by Springer Science & Business Media. This book was released on 2006-07-19 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coerced confessions have long been a staple of TV crime dramas, and have also been the subject of recent news stories. The complexity of such situations, however, is rarely explored even in the scientific literature. Now in softcover, Interrogations, Confessions, and Entrapment remains one of the best syntheses of the scientific, legal, and ethical findings in this area, uncovering subtle yet powerful forces that often compromise the integrity of the criminal justice system. Editor G. Daniel Lassiter identifies the exposure of psychological coercion as an emerging frontier in legal psychology, citing its roots in the "third degree" approach of former times, and noting that its techniques carry little scientific validity. A team of psychologists, criminologists, and legal scholars asks—and goes a long way toward answering—important questions such as: - What forms of psychological coercion are involved in interrogation? - Are some people more susceptible to falsely confessing than others? - What are the effects of psychological manipulation on innocent suspects? - Are coercive tactics ever justified with minors? - Can jurors recognize psychological coercion and unreliable confessions? - Can entrapment techniques encourage people to commit crimes? - What steps can law enforcement take to minimize coercion? Throughout this progressive volume, readers will find important research-based ideas for educating the courts, changing policy, and implementing reform, from improving police interrogation skills to better methods of evaluating confession evidence. For the expert witness, legal consultant, or student of forensic psychology, this is material whose relevance will only increase with time.
Download or read book Prologue to Conflict written by Holman Hamilton and published by University Press of Kentucky. This book was released on 2014-10-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crisis facing the United States in 1850 was a dramatic prologue to the conflict that came a decade later. The rapid opening of western lands demanded the speedy establishment of local civil administration for these vast regions. Outraged partisans, however, cried of coercion: Southerners saw a threat to the precarious sectional balance, and Northerners feared an extension of slavery. In this definitive study, Holman Hamilton analyzes the complex events of the anxious months from December, 1849, when the Senate debates began, until September, 1850, when Congress passed the measures.
Download or read book Social Cohesion and Legal Coercion written by Leon Shaskolsky Sheleff and published by Rodopi. This book was released on 1997 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a critical study of the work in the area of law of three classical social theorists: Max Weber, Emile Durkheim, and Karl Marx.
Download or read book Coercion written by J. Roland Pennock and published by Routledge. This book was released on 2017-07-12 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coercion, it seems, like poverty and prejudice, has always been with us. Political thinkers and philosophers have been arguing its more direct and personal consequences for centuries. Today, at a point in history marked by dramatic changes and challenges to the existing military, political, and social order, coercion is more at the forefront of political activity than ever before. While the modern state has no doubt freed man from some of the forms of coercion by which he has traditionally been plagued, we hear now from all sectors of society complaints about systematic coerciveness-not only on the national and international levels, but on the individual level as well.
Download or read book Coercive Control written by Evan Stark and published by Oxford University Press. This book was released on 2009 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
Download or read book Just Reasonable Multiculturalism written by Raphael Cohen-Almagor and published by Cambridge University Press. This book was released on 2021-07-29 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the main challenges against multiculturalism. It aims to examine whether liberalism and multiculturalism are reconcilable, and what are the limits of liberal democratic interventions in illiberal affairs of minority cultures within democracy. In the process, this book addresses three questions: whether multiculturalism is bad for democracy, whether multiculturalism is bad for women, and whether multiculturalism contributes to terrorism. Just, Reasonable Multiculturalism argues that liberalism and multiculturalism are reconcilable if a fair balance is struck between individual rights and group rights. Raphael Cohen-Almagor contends that reasonable multiculturalism can be achieved via mechanisms of deliberate democracy, compromise and, when necessary, coercion. Placing necessary checks on groups that discriminate against vulnerable third parties, the approach insists on the protection of basic human rights as well as on exit rights for individuals if and when they wish to leave their cultural groups.
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 On Compromise and Rotten Compromises written by Avishai Margalit and published by Princeton University Press. This book was released on 2009-10-12 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A searching examination of the moral limits of political compromise When is political compromise acceptable—and when is it fundamentally rotten, something we should never accept, come what may? What if a rotten compromise is politically necessary? Compromise is a great political virtue, especially for the sake of peace. But, as Avishai Margalit argues, there are moral limits to acceptable compromise even for peace. But just what are those limits? At what point does peace secured with compromise become unjust? Focusing attention on vitally important questions that have received surprisingly little attention, Margalit argues that we should be concerned not only with what makes a just war, but also with what kind of compromise allows for a just peace. Examining a wide range of examples, including the Munich Agreement, the Yalta Conference, and Arab-Israeli peace negotiations, Margalit provides a searching examination of the nature of political compromise in its various forms. Combining philosophy, politics, and history, and written in a vivid and accessible style, On Compromise and Rotten Compromises is full of surprising new insights about war, peace, justice, and sectarianism.
Download or read book Coercion Survival and War written by Phil Haun and published by Stanford University Press. This book was released on 2015-07-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In asymmetric interstate conflicts, great powers have the capability to coerce weak states by threatening their survival—but not vice versa. It is therefore the great power that decides whether to escalate a conflict into a crisis by adopting a coercive strategy. In practice, however, the coercive strategies of the U.S. have frequently failed. In Coercion, Survival and War Phil Haun chronicles 30 asymmetric interstate crises involving the US from 1918 to 2003. The U.S. chose coercive strategies in 23 of these cases, but coercion failed half of the time: most often because the more powerful U.S. made demands that threatened the very survival of the weak state, causing it to resist as long as it had the means to do so. It is an unfortunate paradox Haun notes that, where the U.S. may prefer brute force to coercion, these power asymmetries may well lead it to first attempt coercive strategies that are expected to fail in order to justify the war it desires. He concludes that, when coercion is preferred to brute force there are clear limits as to what can be demanded. In such cases, he suggests, U.S. policymakers can improve the chances of success by matching appropriate threats to demands, by including other great powers in the coercive process, and by reducing a weak state leader's reputational costs by giving him or her face-saving options.
