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Negotiating Crime

Negotiating Crime
Author: Cynthia Alkon
Publisher:
Total Pages: 507
Release: 2019
Genre: Criminal procedure
ISBN: 9781531000448

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"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"--


Victims and Plea Negotiations

Victims and Plea Negotiations
Author: Arie Freiberg
Publisher: Springer Nature
Total Pages: 139
Release: 2020-11-02
Genre: Social Science
ISBN: 3030613836

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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.


Negotiating Responsibility

Negotiating Responsibility
Author: Kimberley White
Publisher: UBC Press
Total Pages: 202
Release: 2007-11-02
Genre: Social Science
ISBN: 0774858230

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The meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases. Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which common sense about crime, punishment, criminality, and human nature shaped the boundaries of expert knowledge at every stage of the judicial process. Negotiating Responsibility fills a void in Western socio-legal history scholarship and provides an essential point of reference from which to evaluate current criminal law practices and law reform initiatives in Canada.


Negotiating the International Criminal Court

Negotiating the International Criminal Court
Author: Fanny Benedetti
Publisher: Martinus Nijhoff Publishers
Total Pages: 276
Release: 2013-10-31
Genre: Law
ISBN: 9004260609

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This is the story and analysis of the unforeseen and astonishing success of negotiations by many countries to create a permanent international court to try atrocities. In 1998, 120 countries astounded observers worldwide and themselves by adopting the Rome Statute for an International Criminal Court. From this event began important and unprecedented changes in international relations and law. This book is for those who want to know and understand the reasons and the story behind these historic negotiations or for those who may wonder how apparently conventional United Nations negotiations became so unusual and successful. This book is both for those who seek detailed legislative history, scholars or practitioners in international law and relations and those simply curious about how the Court came about.


Negotiation and Conflict Resolution in Criminal Practice

Negotiation and Conflict Resolution in Criminal Practice
Author: Rebecca Jaremko Bromwich
Publisher: Canadian Scholars
Total Pages: 192
Release: 2019-11-26
Genre: Social Science
ISBN: 1773381482

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Lawyers, Crown counsels, district attorneys, and paralegals are often tasked with managing negotiation and conflict resolution in the courtroom; however, very little theory or literature surrounding this specialization exists. This handbook effectively closes these gaps and extensively discusses theories of negotiation and conflict resolution in criminal practice. Part one discusses communicating effectively and appropriately with clients, court staff, and opposing counsel by identifying and establishing cultural competence, rapport, and nonverbal cues. Part two identifies alternative processes in negotiation and conflict resolution including victim-offender mediation and retroactive justice, while part three covers career development in areas such as managing challenging clients and developing strategies for dealing with high-stress scenarios. This ground-breaking resource is well suited to students in a wide variety of courses that specialize in negotiation and conflict resolution including criminal justice, law, paralegal, police studies, or criminology.


Negotiating Responsibility in the Criminal Justice System

Negotiating Responsibility in the Criminal Justice System
Author: Jack B. Kamerman
Publisher: SIU Press
Total Pages: 224
Release: 1998
Genre: Law
ISBN: 9780809322114

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With this collection of essays, Jack Kamerman presents the first sustained examination of one of the underpinnings of the operation of the criminal justice system: the issue of responsibility for actions and, as a consequence, the issue of accountability.


World Plea Bargaining

World Plea Bargaining
Author: Stephen Thaman
Publisher:
Total Pages: 0
Release: 2010
Genre: Courts
ISBN: 9781594605734

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The full-blown trial with its guarantees of presumption of innocence, due process, and constitutional evidence is no longer affordable. With the rise in crime and the more cost-, and labor-intensive procedures required by modern notions of due process, legislatures and courts around the world are gradually giving priority to the principle of procedural economy and introducing forms of consensual and abbreviated criminal procedure to deal with overloaded dockets. This book, which combines chapters from distinct countries which were originally written for the XVII Congress of the International Academy of Comparative Law in Utrecht, The Netherlands, in July 2006, also includes theoretical contributions by Mirjan Damaska on the role of plea bargaining in the international criminal tribunals and Maximo Langer on the "Americanization" of world criminal procedure and the "translation" of American plea bargaining into the legal language of inquisitorial legal systems. The book concludes with the editor's comprehensive analysis of the typologies of plea bargaining and their historical and doctrinal roots.


Held Hostage

Held Hostage
Author: Dennis Flynn
Publisher: WildBlue Press
Total Pages: 267
Release: 2017-08-22
Genre: Biography & Autobiography
ISBN: 194729007X

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This “riveting true life account” goes inside the life-or-death world of a Las Vegas police crisis negotiator: “a must read" (Gary W. Noesner, Chief, FBI Crisis Negotiation Unit, author of Stalling For Time). What do you say to prevent someone from committing “suicide-by-cop”? How do you talk someone down when he’s pointing a gun at a hostage? What tactics do you use when lives depend on your words? Veteran police negotiator Lieutenant Dennis Flynn spent nearly two decades responding to more than a thousand high-intensity incidents with the Crisis Negotiations Team in Las Vegas, Nevada. He approached every scenario with the same goal: bring everyone out alive. This vivid memoir offers a rare, behind-the-scenes view of the life-and-death situations that police negotiators face on a daily basis. Taking readers through both exhilarating successes and tragic failures, Flynn offers a guided tour of the extreme and potentially deadly side of Sin City.


Plea Bargaining - Third Edition

Plea Bargaining - Third Edition
Author: G. Nicholas Herman
Publisher: Juris Publishing, Inc.
Total Pages: 596
Release: 2012-02-01
Genre: Plea bargaining
ISBN: 1578233542

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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.


Negotiated Justice and Corporate Crime

Negotiated Justice and Corporate Crime
Author: Colin King
Publisher: Springer
Total Pages: 159
Release: 2018-05-21
Genre: Social Science
ISBN: 3319785621

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This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.