Plea Bargaining Made Real

Plea Bargaining Made Real

Author: Steven P. Grossman

Publisher:

Published: 2021

Total Pages:

ISBN-13: 9781531019914

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"By looking at the motivations of the three critical parties to any plea bargain-the prosecutor, defense attorney/defendant, and the judge-Plea Bargaining Made Real explains why in the words of former Supreme Court Justice Anthony Kennedy, "criminal justice today is for the most part a system of pleas, not a system of trials." By looking at the impact these motivations play in the conduct and decisions of these parties, the book offers a clearer and more realistic understanding of the process. Through comparing plea-bargaining court decisions with the actual ways in which guilty pleas come about, the book illustrates not just the dishonesty of the judicial approach to issues arising from plea bargaining, but also the damage that such dishonesty causes. The book discusses other important and controversial aspects of plea bargaining such as types of guilty pleas, the impact of systemic racism in plea bargaining and the applicability of contract law principles to plea agreements. The negotiation of a disposition in a criminal case is a most human process. This book examines the law of plea bargaining without ever losing sight of this critical perspective. It offers suggestions for how prosecutors, defense attorneys, judges and the criminal justice system itself can make the plea bargaining system fairer and more transparent"--


Book Synopsis Plea Bargaining Made Real by : Steven P. Grossman

Download or read book Plea Bargaining Made Real written by Steven P. Grossman and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "By looking at the motivations of the three critical parties to any plea bargain-the prosecutor, defense attorney/defendant, and the judge-Plea Bargaining Made Real explains why in the words of former Supreme Court Justice Anthony Kennedy, "criminal justice today is for the most part a system of pleas, not a system of trials." By looking at the impact these motivations play in the conduct and decisions of these parties, the book offers a clearer and more realistic understanding of the process. Through comparing plea-bargaining court decisions with the actual ways in which guilty pleas come about, the book illustrates not just the dishonesty of the judicial approach to issues arising from plea bargaining, but also the damage that such dishonesty causes. The book discusses other important and controversial aspects of plea bargaining such as types of guilty pleas, the impact of systemic racism in plea bargaining and the applicability of contract law principles to plea agreements. The negotiation of a disposition in a criminal case is a most human process. This book examines the law of plea bargaining without ever losing sight of this critical perspective. It offers suggestions for how prosecutors, defense attorneys, judges and the criminal justice system itself can make the plea bargaining system fairer and more transparent"--

Plea Bargaining Made Real

Plea Bargaining Made Real

Author: Steven P. Grossman

Publisher:

Published: 2021

Total Pages:

ISBN-13: 9781531019921

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"By looking at the motivations of the three critical parties to any plea bargain-the prosecutor, defense attorney/defendant, and the judge-Plea Bargaining Made Real explains why in the words of former Supreme Court Justice Anthony Kennedy, "criminal justice today is for the most part a system of pleas, not a system of trials." By looking at the impact these motivations play in the conduct and decisions of these parties, the book offers a clearer and more realistic understanding of the process. Through comparing plea-bargaining court decisions with the actual ways in which guilty pleas come about, the book illustrates not just the dishonesty of the judicial approach to issues arising from plea bargaining, but also the damage that such dishonesty causes. The book discusses other important and controversial aspects of plea bargaining such as types of guilty pleas, the impact of systemic racism in plea bargaining and the applicability of contract law principles to plea agreements. The negotiation of a disposition in a criminal case is a most human process. This book examines the law of plea bargaining without ever losing sight of this critical perspective. It offers suggestions for how prosecutors, defense attorneys, judges and the criminal justice system itself can make the plea bargaining system fairer and more transparent"--


Book Synopsis Plea Bargaining Made Real by : Steven P. Grossman

Download or read book Plea Bargaining Made Real written by Steven P. Grossman and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "By looking at the motivations of the three critical parties to any plea bargain-the prosecutor, defense attorney/defendant, and the judge-Plea Bargaining Made Real explains why in the words of former Supreme Court Justice Anthony Kennedy, "criminal justice today is for the most part a system of pleas, not a system of trials." By looking at the impact these motivations play in the conduct and decisions of these parties, the book offers a clearer and more realistic understanding of the process. Through comparing plea-bargaining court decisions with the actual ways in which guilty pleas come about, the book illustrates not just the dishonesty of the judicial approach to issues arising from plea bargaining, but also the damage that such dishonesty causes. The book discusses other important and controversial aspects of plea bargaining such as types of guilty pleas, the impact of systemic racism in plea bargaining and the applicability of contract law principles to plea agreements. The negotiation of a disposition in a criminal case is a most human process. This book examines the law of plea bargaining without ever losing sight of this critical perspective. It offers suggestions for how prosecutors, defense attorneys, judges and the criminal justice system itself can make the plea bargaining system fairer and more transparent"--

Pleading Out

Pleading Out

Author: Dan Canon

Publisher: Hachette UK

Published: 2022-03-08

Total Pages: 280

ISBN-13: 1541674685

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A blistering critique of America’s assembly-line approach to criminal justice and the shameful practice at its core: the plea bargain Most Americans believe that the jury trial is the backbone of our criminal justice system. But in fact, the vast majority of cases never make it to trial: almost all criminal convictions are the result of a plea bargain, a deal made entirely out of the public eye. Law professor and civil rights lawyer Dan Canon argues that plea bargaining may swiftly dispose of cases, but it also fuels an unjust system. This practice produces a massive underclass of people who are restricted from voting, working, and otherwise participating in society. And while innocent people plead guilty to crimes they did not commit in exchange for lesser sentences, the truly guilty can get away with murder. With heart-wrenching stories, fierce urgency, and an insider’s perspective, Pleading Out exposes the ugly truth about what’s wrong with America’s criminal justice system today—and offers a prescription for meaningful change.


Book Synopsis Pleading Out by : Dan Canon

Download or read book Pleading Out written by Dan Canon and published by Hachette UK. This book was released on 2022-03-08 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A blistering critique of America’s assembly-line approach to criminal justice and the shameful practice at its core: the plea bargain Most Americans believe that the jury trial is the backbone of our criminal justice system. But in fact, the vast majority of cases never make it to trial: almost all criminal convictions are the result of a plea bargain, a deal made entirely out of the public eye. Law professor and civil rights lawyer Dan Canon argues that plea bargaining may swiftly dispose of cases, but it also fuels an unjust system. This practice produces a massive underclass of people who are restricted from voting, working, and otherwise participating in society. And while innocent people plead guilty to crimes they did not commit in exchange for lesser sentences, the truly guilty can get away with murder. With heart-wrenching stories, fierce urgency, and an insider’s perspective, Pleading Out exposes the ugly truth about what’s wrong with America’s criminal justice system today—and offers a prescription for meaningful change.

Plea Bargaining’s Triumph

Plea Bargaining’s Triumph

Author: George Fisher

Publisher: Stanford University Press

Published: 2003

Total Pages: 424

ISBN-13: 9780804751353

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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.


Book Synopsis Plea Bargaining’s Triumph by : George Fisher

Download or read book Plea Bargaining’s Triumph written by George Fisher and published by Stanford University Press. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Plea Bargaining

Author: Milton Heumann

Publisher: University of Chicago Press

Published: 1981-08-15

Total Pages: 228

ISBN-13: 0226331881

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"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


Book Synopsis Plea Bargaining by : Milton Heumann

Download or read book Plea Bargaining written by Milton Heumann and published by University of Chicago Press. This book was released on 1981-08-15 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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

Justice by Consent

Justice by Consent

Author: Arthur Irwin Rosett

Publisher: Lippincott Williams & Wilkins

Published: 1976

Total Pages: 256

ISBN-13:

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Simulated case of a burglary suspect dramatizes the procedures, operations, and values of a criminal justice system whose primary, very often most effective techniques is plea bargaining. Bibliography.


Book Synopsis Justice by Consent by : Arthur Irwin Rosett

Download or read book Justice by Consent written by Arthur Irwin Rosett and published by Lippincott Williams & Wilkins. This book was released on 1976 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simulated case of a burglary suspect dramatizes the procedures, operations, and values of a criminal justice system whose primary, very often most effective techniques is plea bargaining. Bibliography.

Plea Bargaining in the United States

Plea Bargaining in the United States

Author: Herbert S. Miller

Publisher:

Published: 1978

Total Pages: 448

ISBN-13:

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Book Synopsis Plea Bargaining in the United States by : Herbert S. Miller

Download or read book Plea Bargaining in the United States written by Herbert S. Miller and published by . This book was released on 1978 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A System of Pleas

A System of Pleas

Author: Vanessa A. Edkins

Publisher: Oxford University Press

Published: 2019-03-06

Total Pages: 240

ISBN-13: 0190689269

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Over 95% of criminal convictions are by guilty plea. Trials are the rarity, and while much has been written on jury decision making and various parts of the trial process, the field has been largely silent on the practice that is most likely to affect an individual charged with a crime: plea bargaining. A System of Pleas: Social Science's Contributions to the Real Legal System brings together into one resource the burgeoning body of research on plea bargaining. Drawing attention to the fact that convictions today are nearly synonymous with guilty pleas, this contributed volume begins with an overview and history of plea bargaining, with chapters focusing on defendants, defense attorneys and prosecutors and plea bargains; influences on plea decision-making, including race, juvenile justice system involvement, and innocence; and the results of a "system of pleas", such as sentencing disparities and mass incarceration, collateral consequences, and disenfranchisement. A concluding chapter by the volume's editors examines ways to move forward within an entrenched system. An excellent reference tool for furthering both research and practice, A System of Pleas is a must-have for academics and legal professionals interested in the fields of criminal justice, psychology and law, and related disciplines.


Book Synopsis A System of Pleas by : Vanessa A. Edkins

Download or read book A System of Pleas written by Vanessa A. Edkins and published by Oxford University Press. This book was released on 2019-03-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over 95% of criminal convictions are by guilty plea. Trials are the rarity, and while much has been written on jury decision making and various parts of the trial process, the field has been largely silent on the practice that is most likely to affect an individual charged with a crime: plea bargaining. A System of Pleas: Social Science's Contributions to the Real Legal System brings together into one resource the burgeoning body of research on plea bargaining. Drawing attention to the fact that convictions today are nearly synonymous with guilty pleas, this contributed volume begins with an overview and history of plea bargaining, with chapters focusing on defendants, defense attorneys and prosecutors and plea bargains; influences on plea decision-making, including race, juvenile justice system involvement, and innocence; and the results of a "system of pleas", such as sentencing disparities and mass incarceration, collateral consequences, and disenfranchisement. A concluding chapter by the volume's editors examines ways to move forward within an entrenched system. An excellent reference tool for furthering both research and practice, A System of Pleas is a must-have for academics and legal professionals interested in the fields of criminal justice, psychology and law, and related disciplines.

Plea Bargaining in National and International Law

Plea Bargaining in National and International Law

Author: Regina Rauxloh

Publisher: Routledge

Published: 2012

Total Pages: 298

ISBN-13: 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.


Book Synopsis Plea Bargaining in National and International Law by : Regina Rauxloh

Download or read book Plea Bargaining in National and International Law written by Regina Rauxloh and published by Routledge. This book was released on 2012 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

State Court Sentencing of Convicted Felons

State Court Sentencing of Convicted Felons

Author:

Publisher:

Published: 1994

Total Pages: 84

ISBN-13:

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Book Synopsis State Court Sentencing of Convicted Felons by :

Download or read book State Court Sentencing of Convicted Felons written by and published by . This book was released on 1994 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: