Victims And Plea Negotiations

Author : Arie Freiberg,Asher Flynn
Publisher : Springer Nature
Page : 139 pages
File Size : 51,5 Mb
Release : 2020-11-02
Category : Social Science
ISBN : 9783030613839

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Victims and Plea Negotiations by Arie Freiberg,Asher Flynn Pdf

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.

Author : Asher Flynn,Arie Freiberg
Publisher : Springer
Page : 277 pages
File Size : 40,6 Mb
Release : 2018-07-24
Category : Social Science
ISBN : 9783319926308

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Plea Negotiations by Asher Flynn,Arie Freiberg Pdf

Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as “plea bargaining”, “negotiated guilty pleas” and “negotiated resolutions” are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect “justice” outcome gives way to the good, or just the reasonably acceptable justice outcome.

Author : Jenia I. Turner
Publisher : Unknown
Page : 324 pages
File Size : 52,8 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134489363

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Plea Bargaining Across Borders by Jenia I. Turner Pdf

Traditions of plea bargaining : the United States -- Informal bargaining : Germany -- Introducing plea bargaining as part of comprehensive legal reform : Russia and Bulgaria -- Alternatives to plea bargaining : China and Japan -- Plea bargaining at international criminal courts

Author : G. Nicholas Herman
Publisher : Juris Publishing, Inc.
Page : 596 pages
File Size : 43,8 Mb
Release : 2012-02-01
Category : Law
ISBN : 9781578233540

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Plea Bargaining - Third Edition by G. Nicholas Herman Pdf

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.

Author : Regina Rauxloh
Publisher : Routledge
Page : 298 pages
File Size : 46,5 Mb
Release : 2012
Category : Law
ISBN : 9780415597869

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Plea Bargaining in National and International Law by Regina Rauxloh Pdf

The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied.

Author : Candace McCoy
Publisher : University of Pennsylvania Press
Page : 245 pages
File Size : 50,5 Mb
Release : 1993-05
Category : Law
ISBN : 9780812214338

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Politics and Plea Bargaining by Candace McCoy Pdf

In 1982, California voters passed Proposition 8, promoted by supporters as the Victims' Bill of Rights, on the initiative ballot. In Politics and Plea Bargaining, Candace McCoy describes the political genesis of victims' rights legislation and the impact Proposition 8 has had on plea bargaining. Placing Proposition 8 in the context of earlier efforts to reform plea bargaining, McCoy explores the meaning of due process in the criminal courts. Emphasizing the concept of "publicness," the book suggests changes that would open the justice system to more public observation and explanation.

Author : National Institute of Law Enforcement and Criminal Justice
Publisher : Unknown
Page : 52 pages
File Size : 45,8 Mb
Release : 1979
Category : Criminal procedure
ISBN : PURD:32754077963225

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Structured Plea Negotiations Test Design by National Institute of Law Enforcement and Criminal Justice Pdf

Author : Regina Rauxloh
Publisher : Routledge
Page : 298 pages
File Size : 53,9 Mb
Release : 2012-11-27
Category : Law
ISBN : 9781136297717

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Plea Bargaining in National and International Law by Regina Rauxloh Pdf

Plea bargaining is one of the most important and most discussed issues in modern criminal procedure law. Based on historical and comparative legal research, the author has analysed the wide-spread use of plea bargaining in different criminal justice systems. The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. Drawing on her research findings, the author goes on to discuss the extent to which plea bargaining should be developed in the International Criminal Court in The Hague, as the question of this practise is set to be one of the seminal debates in the development of international criminal procedures in the new International Criminal Court. Plea Bargaining in National and International Law will be of particular interest to academics and students of international criminal law, criminal procedures and comparative law.

Author : Rowena Johns
Publisher : Unknown
Page : 84 pages
File Size : 50,7 Mb
Release : 2002
Category : Victims of crimes
ISBN : 0731317157

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Victims of Crime by Rowena Johns Pdf

Author : Stephanos Bibas
Publisher : Oxford University Press
Page : 318 pages
File Size : 42,6 Mb
Release : 2012-04-26
Category : Law
ISBN : 9780195374681

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The Machinery of Criminal Justice by Stephanos Bibas Pdf

The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.

Author : Angela J. Davis
Publisher : Oxford University Press
Page : 264 pages
File Size : 42,5 Mb
Release : 2007-04-12
Category : Law
ISBN : 9780199884278

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Arbitrary Justice by Angela J. Davis Pdf

What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.

Author : George Fisher
Publisher : Stanford University Press
Page : 424 pages
File Size : 51,7 Mb
Release : 2003
Category : Law
ISBN : 0804751358

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Plea Bargaining’s Triumph by George Fisher Pdf

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.

Author : Linda Carter,Fausto Pocar
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 48,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857939586

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International Criminal Procedure by Linda Carter,Fausto Pocar Pdf

'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
Page : 68 pages
File Size : 44,5 Mb
Release : 2012-07-13
Category : Law
ISBN : 0101838824

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Swift and sure justice: by Great Britain: Ministry of Justice Pdf

This White Paper sets out the Government's programme of reforms to the criminal justice system in England and Wales. It is in part a response to the commitment given by the Prime Minister to learn the lessons from the highly effective and rapid reaction of the criminal justice agencies to last summer's disturbances. This Paper sets out the programme already in train across the criminal justice services to tackle delay and waste, increase accountability and transparency and improve public confidence. The White Paper sets out to reform the criminal justice system by: (i) Creating a swift and sure system of justice; (ii) Making it more transparent, accountable and responsive to local needs.

Author : Arthur Irwin Rosett,Donald Ray Cressey
Publisher : Lippincott Williams & Wilkins
Page : 256 pages
File Size : 55,5 Mb
Release : 1976
Category : Law
ISBN : UOM:39015005937837

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Justice by Consent by Arthur Irwin Rosett,Donald Ray Cressey Pdf

Simulated case of a burglary suspect dramatizes the procedures, operations, and values of a criminal justice system whose primary, very often most effective techniques is plea bargaining. Bibliography.