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Author: Regina Rauxloh Publisher: Routledge ISBN: 0415597862 Category : Law Languages : en Pages : 298
Book Description
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: Regina Rauxloh Publisher: Routledge ISBN: 0415597862 Category : Law Languages : en Pages : 298
Book Description
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: Nancy Amoury Combs Publisher: Stanford University Press ISBN: 9780804753524 Category : Law Languages : en Pages : 392
Book Description
International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes.
Author: Jenia I. Turner Publisher: ISBN: Category : Law Languages : en Pages : 324
Book Description
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: Milton Heumann Publisher: University of Chicago Press ISBN: 022677824X Category : Political Science Languages : en Pages : 229
Book Description
"That relatively few criminal cases in this country are resolved by full Perry Mason-style strials is fairly common knowledge. Most cases are settled by a guilty plea after some form of negotiation over the charge or sentence. But why? The standard explanation is case pressure: the enormous volume of criminal cases, to be processed with limited staff, time and resources. . . . But a large body of new empirical research now demands that we re-examine plea negotiation. Milton Heumann's book, Plea Bargaining, strongly and explicitly attacks the case-pressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. The book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis."—Michigan Law Review
Author: Linda Carter Publisher: Edward Elgar Publishing ISBN: 0857939580 Category : Law Languages : en Pages : 273
Book Description
'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: Darryl K. Brown Publisher: Oxford University Press ISBN: 0190659866 Category : Law Languages : en Pages : 1034
Book Description
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Author: George Fisher Publisher: Stanford University Press ISBN: 9780804751353 Category : Law Languages : en Pages : 424
Book Description
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: Richard L. Lippke Publisher: ISBN: 0199641463 Category : Law Languages : en Pages : 272
Book Description
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.
Author: Regina Rauxloh
Author: Regina Rauxloh
Author: Nancy Amoury Combs
Author: Jenia I. Turner
Author: United States. Department of Justice
Author: Milton Heumann
Author: Linda Carter
Author: G. Nicholas Herman
Author: Darryl K. Brown
Author: George Fisher
Author: Richard L. Lippke