Download or read book Plea Bargaining and Guilty Pleas written by James Edward Bond and published by . This book was released on 1981 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pleading Out written by Dan Canon and published by Basic Books. This book was released on 2022-03-08 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A blistering critique of America’s assembly-line approach to criminal justice and the shameful practice at its core: the plea bargain Most Americans believe that the jury trial is the backbone of our criminal justice system. But in fact, the vast majority of cases never make it to trial: almost all criminal convictions are the result of a plea bargain, a deal made entirely out of the public eye. Law professor and civil rights lawyer Dan Canon argues that plea bargaining may swiftly dispose of cases, but it also fuels an unjust system. This practice produces a massive underclass of people who are restricted from voting, working, and otherwise participating in society. And while innocent people plead guilty to crimes they did not commit in exchange for lesser sentences, the truly guilty can get away with murder. With heart-wrenching stories, fierce urgency, and an insider’s perspective, Pleading Out exposes the ugly truth about what’s wrong with America’s criminal justice system today—and offers a prescription for meaningful change.
Download or read book Plea Bargaining written by William M. Rhodes and published by . This book was released on 1978 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Ethics of Plea Bargaining written by Richard L. Lippke and published by . This book was released on 2011 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of plea bargaining plays a hugely significant role in the adjudication of criminal charges and has provoked intense debate about its legitimacy. This book offers the first full-length philosophical analysis of the ethics of plea bargaining. It develops a sustained argument for restrained forms of the practice and against the free-wheeling versions that predominate in the United States. In countries that have endorsed plea bargains, such as the United States, upwards of ninety percent of criminal defendants plead guilty rather than go to trial. Yet trials, which grant a presumption of innocence to defendants and place a substantial burden of proof on the state to establish guilt, are widely regarded as the most appropriate mechanisms for fairly and accurately assigning criminal sanctions. How is it that many countries have abandoned the formal rules and rigorous standards of public trials in favor of informal and veiled negotiations between state officials and criminal defendants concerning the punishment to which the latter will be subjected? More importantly, how persuasive are the myriad justifications that have been provided for plea bargaining? These are the questions addressed in this book. Examining the legal processes by which individuals are moved through the criminal justice system, the fairness of those processes, and the ways in which they reproduce social inequality, this book offers an ethical argument for restrained forms of plea bargaining. It also provides a comparison between the different plea bargaining regimes that exist within the US, where it is well-established, England and Wales, where the practice is coming under considerable critique, and the European Union, where debate continues on whether it coheres with inquisitorial legal regimes. It suggests that rewards for admitting guilt are distinguished from penalties for exercising the right to trial, and argues for modest, fixed sentence reductions for defendants who admit their guilt. These suggestions for reform include discouraging the current practice of deliberate over-charging by prosecutors and charge bargaining, and require judges to scrutinize more closely the evidence against those accused of crimes before any guilty pleas are entered by them. Arguing that the negotiation of charges and sentences should remain the exception, not the rule, it nevertheless puts forward a normative defense for the reform and retention of the plea bargaining system.
Download or read book Plea Bargaining in the United States written by Herbert S. Miller and published by . This book was released on 1978 with total page 448 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 Punishment Without Trial written by Carissa Byrne Hessick and published by Abrams. This book was released on 2021-10-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard courtroom scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and punishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
Download or read book Victims and Plea Negotiations written by Arie Freiberg and published by Springer Nature. This book was released on 2020-11-02 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores victims’ views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims’ voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.
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 Plea Bargaining Made Real written by Steven P. Grossman and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "By looking at the motivations of the three critical parties to any plea bargain-the prosecutor, defense attorney/defendant, and the judge-Plea Bargaining Made Real explains why in the words of former Supreme Court Justice Anthony Kennedy, "criminal justice today is for the most part a system of pleas, not a system of trials." By looking at the impact these motivations play in the conduct and decisions of these parties, the book offers a clearer and more realistic understanding of the process. Through comparing plea-bargaining court decisions with the actual ways in which guilty pleas come about, the book illustrates not just the dishonesty of the judicial approach to issues arising from plea bargaining, but also the damage that such dishonesty causes. The book discusses other important and controversial aspects of plea bargaining such as types of guilty pleas, the impact of systemic racism in plea bargaining and the applicability of contract law principles to plea agreements. The negotiation of a disposition in a criminal case is a most human process. This book examines the law of plea bargaining without ever losing sight of this critical perspective. It offers suggestions for how prosecutors, defense attorneys, judges and the criminal justice system itself can make the plea bargaining system fairer and more transparent"--
Download or read book Plea bargaining guilty pleas written by James E. Bond and published by . This book was released on 1975 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Plea Bargaining and Criminal Justice written by Máximo Langer and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.
Download or read book Plea Bargaining and Guilty Pleas written by James E. Bond and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Download or read book Plea Bargaining written by Marvin Marcus and published by . This book was released on 1976 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The mischief of plea bargaining and sentencing rewards Arguments for and against a reduction in sentence for a guilty plea written by James Michael Corbett and published by GRIN Verlag. This book was released on 2020-11-04 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2012 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 2.1, City University London (The City law School), course: LLM Criminal Litigation, language: English, abstract: This essay will begin by critically examining the arguments both for and against the discount. In first considering the arguments in favour of the reduction it shall clearly set out the reasons in support of this and shall include an examination into the commentary from a range of different theorists, some of which are against the reduction and who criticise these arguments in favour. This critic will acknowledge these viewpoints and shall respond with reasoning to suggest that the arguments against the discount cannot stand. Thereafter it shall go on to evaluate the arguments not in favour of the discount and this will include a counter response, first in acknowledging the points raised, before then going on to examine what aspect of these arguments are taken issue with. After critically examining and evaluating the arguments for and against the discount the essay shall then go on to consider the potential solutions to dealing with a number of concerns the reduction presents and whether they are likely to work. The evaluation of these solutions shall then go on to consider the recommendation and will involve a presentation of discussion around the reforms that are intended to rectify the concerns. In English law a sentencing discount is awarded to the accused if they plead guilty to the crime they are charged with. The current award of around one third distinguishes those who admit to being in the wrong from those who continually deny their flaws.
Download or read book A System of Pleas written by Vanessa A. Edkins and published by Oxford University Press. This book was released on 2019-03-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over 95% of criminal convictions are by guilty plea. Trials are the rarity, and while much has been written on jury decision making and various parts of the trial process, the field has been largely silent on the practice that is most likely to affect an individual charged with a crime: plea bargaining. A System of Pleas: Social Science's Contributions to the Real Legal System brings together into one resource the burgeoning body of research on plea bargaining. Drawing attention to the fact that convictions today are nearly synonymous with guilty pleas, this contributed volume begins with an overview and history of plea bargaining, with chapters focusing on defendants, defense attorneys and prosecutors and plea bargains; influences on plea decision-making, including race, juvenile justice system involvement, and innocence; and the results of a "system of pleas", such as sentencing disparities and mass incarceration, collateral consequences, and disenfranchisement. A concluding chapter by the volume's editors examines ways to move forward within an entrenched system. An excellent reference tool for furthering both research and practice, A System of Pleas is a must-have for academics and legal professionals interested in the fields of criminal justice, psychology and law, and related disciplines.
