Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

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.

Politics and Plea Bargaining
Politics and Plea Bargaining

Author: Candace McCoy

Publisher: University of Pennsylvania Press

Published: 1993-05

Total Pages: 245

ISBN-13: 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.

A System of Pleas
A System of Pleas

Author: Vanessa A. Edkins

Publisher: Oxford University Press

Published: 2019-03-06

Total Pages: 278

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.

Bargaining in the Criminal Justice Systems of the United States and Germany
Bargaining in the Criminal Justice Systems of the United States and Germany

Author: Susanne Kobor

Publisher: Peter Lang

Published: 2008

Total Pages: 216

ISBN-13: 9783631565070

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The book compares the bargaining practice in the United States and Germany, it displays differences and similarities, also taking historical as well as legal and cultural aspects into consideration. The author shows that bargaining in both countries is highly influenced by the respective legal systems - common and civil law. The study also pays attention to current developments, changes and proposed legislation.

Punishment Without Trial
Punishment Without Trial

Author: Carissa Byrne Hessick

Publisher: Abrams

Published: 2021-10-12

Total Pages: 248

ISBN-13: 164700103X

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From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard court­room scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bed­rock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.

"Not in it for Justice"

Author: Human Rights Watch (Organization)

Publisher:

Published: 2017

Total Pages: 120

ISBN-13: 9781623134600

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Key recommendations -- Methodology -- I. Background -- II. Pretrial detention in California -- II. Bail leads to jailing people who are not guilty -- III. Bail and jail result in an unfair justice system -- IV. Bail devastates poor and middle-income defendants and households -- V. Does bail in California serve the legitimate purposes of pretrial detention? -- VI. Profile-based risk assessment -- VII. A better way: increased cite and release and individualized risk assessment -- IX. International human rights law.