Plea Bargaining

IV THE PROCESS OF BARGAINING The preceding chapters have described the nature and results of the informal exchange between prosecuting and defense attorneys which constitutes plea bargaining in three California counties.

Author: California. Legislature. Joint Committee for the Revision of the Penal Code



Category: Plea bargaining

Page: 201

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Plea Bargaining s Triumph

A History of Plea Bargaining in America George Fisher. tighter cases . This suggestion is sound enough in theory and may be true , but I have seen no contemporary commentary that good police work was making it harder for defendants to ...

Author: George Fisher

Publisher: Stanford University Press

ISBN: 9780804751353

Category: Law

Page: 424

View: 642

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.

Plea Bargaining

The Context of Adaptation The Superior Court Plea bargaining in the superior court is a less hurried and less sloppy process than in the circuit court. Lengthier discussions take place in the office of one of the assistant state's ...

Author: Milton Heumann

Publisher: University of Chicago Press

ISBN: 022677824X

Category: Political Science

Page: 228

View: 239

"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

Plea Bargaining

Kropp is intended to illustrate the general inadequacy of double jeopardy as a doctrinal approach to the scope - of - reprosecution problem in plea bargaining cases . It is held that a court relying on the strict scrutiny or the new ...

Author: Marvin Marcus



Category: Plea bargaining

Page: 30

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Plea Bargaining Third Edition

(12) A recitation of the right of the defendant to withdraw his plea if the court rejects the plea agreement. Under Rule 11(c)(1) of the Federal Rules of Criminal Procedure and the rules of some state jurisdictions,30 a judge is ...

Author: G. Nicholas Herman

Publisher: Juris Publishing, Inc.

ISBN: 1578233542

Category: Law

Page: 596

View: 371

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.

Politics and Plea Bargaining

The prohibition of plea bargaining instituted in Penal Code section 1192.7 was challenged in People v. Superior Court (F iero, Real Party in Interest), 201 Cal.Reptr. 235 (Cal.App. 2d Dist. 1984). There, the defendant, who had a prior ...

Author: Candace McCoy

Publisher: University of Pennsylvania Press

ISBN: 0812214331

Category: Law

Page: 245

View: 464

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.

Inside Plea Bargaining

CHAPTER 5 Routine and Adversarial Justice “Plea bargaining” discourse can be approached sociologically by exploring how an interactionally achieved structure is at the root of various phenomena covered by the term.

Author: D.W. Maynard

Publisher: Springer Science & Business Media

ISBN: 1489903720

Category: Philosophy

Page: 257

View: 455

Negotiation is a ubiquitous part of social life. Some even say that social order itself is a negotiated phenomenon. Yet the study of negotiation as an actual discourse activity, occurring between people who have substantial interests and tasks in the real social world, is in its infancy. This is the more surprising because plea bargaining, as a specific form of negotiation, has recently been the center of an enormous amount of research attention. Much of the concern has been directed to basic ques tions of justice, such as how fair the process is, whether it is unduly coercive, and whether it accurately separates the guilty from the innocent. A study such as mine does not try to answer these sorts of questions. I believe that we are not in a position to answer them until we approach plea bargaining on its own complex terms. Previous studies that have attempted to provide a general picture of the process as a way to assess its degree of justness have neglected the specific skills by which prac titioners bargain and negotiate, the particular procedures through which various surface features such as character assessment are accomplished, and concrete ways in which justice is administered and, simultaneously, caseloads are managed.

Alaska Bans Plea Bargaining

The Attorney General characterized plea bargaining as the " least just aspect of the criminal justice system . " He said it was " degrading to deal , " and that elimination of plea bargaining would be worthwhile for its own sake .

Author: Michael L. Rubinstein



Category: Plea bargaining

Page: 332

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The Ethics of Plea Bargaining

Waiver Rewards and the Reduction ofCrime 119 A preliminary point 120 Easterbrook's defense ofplea bargaining 122 Initial problems with Easterbrook's account 125 The more subtle costs to robust plea bargaining 130 Bringing the background ...

Author: Richard L. Lippke

Publisher: Oxford University Press on Demand

ISBN: 0199641463

Category: Law

Page: 272

View: 621

Plea bargaining is among the most controversial practices within the US criminal justice system. It offers the accused less punishment in exchange for an admission of guilt and can impose added punishment on those who insist on going to trial. This book offers an extended critical analysis of the ethics of the practice.


Another definition of plea bargaining has been given as “the process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to the approval of the court”.28 The researcher sees ...



ISBN: 1794815600

Category: Law

Page: 95

View: 444

The book examined the concept of plea bargaining under the Nigeria criminal justice system. Plea begins as practiced today in Nigeria was not known or provided for in any Nigeria statues before the Economic and Financial crimes commission was established through the provision of section 1 of the Economic and Financial crimes commission (Establishment) Acts, 2004. Plea bargain was only seen for the first time after the establishment of the commission in 2004 under the administration of Chief Olusegun Obasenjo as the president of Nigeria. The application of plea bargain by the Economic and Financial Crime commission is usually based on the provision of section 14(2) of the enabling law that gives the Commission power to compound any offence punishable under the act of accepting the sum of money.