Plea Bargaining's Survival

Plea Bargaining's Survival

Author: Lucian E. Dervan

Publisher:

Published: 2008

Total Pages: 39

ISBN-13:

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This article examines the war on financial crimes that began after the collapse of Enron in 2001. Although many believed that the reforms implemented following this scandal led to greater prosecutorial focus on financial crimes and longer prison sentences, an analysis of data from 1995 through 2006 reveals that little has actually changed. The statistics demonstrate that the government's focus on financial crimes has not increased and prison sentences for fraud have remained stagnant. How could this be the case? It is this author's hypothesis that although prosecutors could have chosen to use new statutes and amendments to the United States Sentencing Guidelines passed in the wake of Enron to increase prosecutions and sentences, they did not. Instead, prosecutors are using their new tools to encourage defendants to accept plea agreements that include sentences similar to those offered before 2001, while simultaneously threatening to use these same powers to secure astounding sentences if defendants force a trial. The result is that the promises of post-Enron reforms aimed at financial criminals were hollow and served only to reinforce plea bargaining's triumph.


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.


The Oxford Handbook of Criminal Process

The Oxford Handbook of Criminal Process

Author: Darryl K. Brown

Publisher: Oxford University Press

Published: 2019-02-22

Total Pages: 952

ISBN-13: 0190659866

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The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.


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.


Survival Math

Survival Math

Author: Mitchell Jackson

Publisher: Scribner

Published: 2020-02-04

Total Pages: 336

ISBN-13: 1501131737

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“A vibrant memoir of race, violence, family, and manhood…a virtuosic wail of a book” (The Boston Globe), Survival Math calculates how award-winning author Mitchell S. Jackson survived the Portland, Oregon, of his youth. This “spellbinding” (NPR) book explores gangs and guns, near-death experiences, sex work, masculinity, composite fathers, the concept of “hustle,” and the destructive power of addiction—all framed within the story of Mitchell Jackson, his family, and his community. Lauded for its breathtaking pace, its tender portrayals, its stark candor, and its luminous style, Survival Math reveals on every page the searching intellect and originality of its author. The primary narrative, focused on understanding the antecedents of Jackson’s family’s experience, is complemented by survivor files, which feature photographs and riveting short narratives of several of Jackson’s male relatives. “A vulnerable, sobering look at Jackson’s life and beyond, in all its tragedies, burdens, and faults” (San Francisco Chronicle), the sum of Survival Math’s parts is a highly original whole, one that reflects on the exigencies—over generations—that have shaped the lives of so many disenfranchised Americans. “Both poetic and brutally honest” (Salon), Mitchell S. Jackson’s nonfiction debut is as essential as it is beautiful, as real as it is artful, a singular achievement, not to be missed.


Strings Attached

Strings Attached

Author: Ruth W. Grant

Publisher: Princeton University Press

Published: 2012

Total Pages: 222

ISBN-13: 0691151601

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The legitimate and illegitimate use of incentives in society today Incentives can be found everywhere—in schools, businesses, factories, and government—influencing people's choices about almost everything, from financial decisions and tobacco use to exercise and child rearing. So long as people have a choice, incentives seem innocuous. But Strings Attached demonstrates that when incentives are viewed as a kind of power rather than as a form of exchange, many ethical questions arise: How do incentives affect character and institutional culture? Can incentives be manipulative or exploitative, even if people are free to refuse them? What are the responsibilities of the powerful in using incentives? Ruth Grant shows that, like all other forms of power, incentives can be subject to abuse, and she identifies their legitimate and illegitimate uses. Grant offers a history of the growth of incentives in early twentieth-century America, identifies standards for judging incentives, and examines incentives in four areas—plea bargaining, recruiting medical research subjects, International Monetary Fund loan conditions, and motivating students. In every case, the analysis of incentives in terms of power yields strikingly different and more complex judgments than an analysis that views incentives as trades, in which the desired behavior is freely exchanged for the incentives offered. Challenging the role and function of incentives in a democracy, Strings Attached questions whether the penchant for constant incentivizing undermines active, autonomous citizenship. Readers of this book are sure to view the ethics of incentives in a new light.


The Defense Counsel

The Defense Counsel

Author: William F. McDonald

Publisher: SAGE Publications, Incorporated

Published: 1983-08

Total Pages: 320

ISBN-13:

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This book presents new research and thinking about the role of the defense counsel in the American criminal justice system. The right to counsel is guaranteed, but can an overworked public defender who is paid for the number of cases taken on really be compared with expensive private attorneys? Original essays explore such issues as performance measurement to ensure proper counsel, the differences between public and private defenders, and the dwindling number of private defense counsels.


Task Force Report

Task Force Report

Author: United States. President's Commission on Law Enforcement and Administration of Justice

Publisher:

Published: 1967

Total Pages: 258

ISBN-13:

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Surviving Justice

Surviving Justice

Author: Voice of Witness

Publisher: Verso Books

Published: 2017-08-01

Total Pages: 524

ISBN-13: 1786632225

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Surviving Justice: America's Wrongfully Convicted and Exonerated presents oral histories of thirteen people from all walks of life, who, through a combination of all-too-common factors-overzealous prosecutors, inept defense lawyers, coercive interrogation tactics, eyewitness misidentification-found themselves imprisoned for crimes they did not commit. The stories these exonerated men and women tell are spellbinding, heartbreaking, and ultimately inspiring.