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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.


Plea Negotiations

Plea Negotiations
Author: Asher Flynn
Publisher: Springer
Total Pages: 277
Release: 2018-07-24
Genre: Social Science
ISBN: 3319926306

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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.


Politics and Plea Bargaining

Politics and Plea Bargaining
Author: Candace McCoy
Publisher: University of Pennsylvania Press
Total Pages: 245
Release: 1993-05
Genre: Law
ISBN: 0812214331

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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.


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.


Structured Plea Negotiations Test Design

Structured Plea Negotiations Test Design
Author: National Institute of Law Enforcement and Criminal Justice
Publisher:
Total Pages: 52
Release: 1979
Genre: Criminal procedure
ISBN:

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Plea Bargaining Across Borders

Plea Bargaining Across Borders
Author: Jenia I. Turner
Publisher:
Total Pages: 324
Release: 2009
Genre: Law
ISBN:

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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


Plea Negotiations

Plea Negotiations
Author: Asher Flynn
Publisher: Palgrave MacMillan
Total Pages: 296
Release: 2019-08-17
Genre:
ISBN: 9783030064754

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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. Asher Flynn is Senior Lecturer in Criminology and Director of the Social and Political Sciences Graduate Research Program, Monash University, Australia. Arie Freiberg is Emeritus Professor at Monash University, Australia.


Plea Bargaining in National and International Law

Plea Bargaining in National and International Law
Author: Regina Rauxloh
Publisher: Routledge
Total Pages: 298
Release: 2012
Genre: Law
ISBN: 0415597862

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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.