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Author: G. Nicholas Herman Publisher: Juris Publishing, Inc. ISBN: 1578233542 Category : Plea bargaining Languages : en Pages : 596
Book Description
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: G. Nicholas Herman Publisher: Juris Publishing, Inc. ISBN: 1578233542 Category : Plea bargaining Languages : en Pages : 596
Book Description
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: 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: D.W. Maynard Publisher: Springer Science & Business Media ISBN: 9780306415777 Category : Language Arts & Disciplines Languages : en Pages : 276
Book Description
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.
Author: Cynthia Alkon Publisher: ISBN: 9781531000448 Category : Criminal procedure Languages : en Pages : 507
Book Description
"This book is the first textbook of its kind that covers all of the processes through which criminal cases are resolved in the United States beyond trials. Negotiating Crime brings together criminal procedure, current policy debates, and dispute resolution concepts to examine the practice of criminal law in the 21st century. The first half of the book is devoted to plea bargaining, first covering the basic caselaw, practice, policy concerns, and reform proposals. In addition, this section explains negotiation theory and applies it to the practice of plea bargaining. The second half of the book covers problem solving and therapeutic justice courts, including drug courts and mental health courts; restorative justice; and juvenile justice"--
Author: Arie Freiberg Publisher: Springer Nature ISBN: 3030613836 Category : Social Science Languages : en Pages : 139
Book Description
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: John Degirolamo Esq Publisher: In Law We Trust, Pa ISBN: 9780996883900 Category : Languages : en Pages : 192
Book Description
Many criminal cases are resolved out of court through what is known as plea bargaining. For practical reasons, the plea bargaining process resolves most criminal cases filed. John G. DeGirolamo, Esq. lives his career with a deep passion for seeing everyone has the opportunity for the best possible legal representation. That passion is more than evident in the pages of "Plea For Mercy: The Anatomy Of The Federal Plea." The book's pages are filled with the opportunity not only for laypersons to gain a deeper awareness, but attorneys on both sides of the aisle to recognize effective plea bargaining as both an art and a science. Plea for Mercy is a comprehensive, up-to-date guideline on the subject; teaching those in the profession to negotiate the best deal for their clients. The author provides an honest discussion of the nature, types and goals of plea bargaining, and offers a variety of styles and strategies not often taught. Words like analysis, negotiation process, plea policies, standards and rules are the foundation of DeGirolamo's extensive work.
Author: G. Nicholas Herman
Author: G. Nicholas Herman
Author: G. Nicholas Herman
Author: Richard L. Lippke
Author: D.W. Maynard
Author: Cynthia Alkon
Author: Arie Freiberg
Author: John Degirolamo Esq
Author: James Edward Bond
Author: William M. Rhodes
Author: James E. Bond