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: 1034

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.


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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The Collapse of American Criminal Justice

The Collapse of American Criminal Justice

Author: William J. Stuntz

Publisher: Harvard University Press

Published: 2011-09-30

Total Pages: 425

ISBN-13: 0674051750

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Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.


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.


For the Prosecution

For the Prosecution

Author: C.J. Williams

Publisher: Rowman & Littlefield

Published: 2020-03-16

Total Pages: 385

ISBN-13: 1538138484

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The vast majority of prosecution work occurs outside of courtrooms and less than 10% of all criminal cases go to trial. Courtroom performance, then, is of little import if prosecutors have not carefully investigated and prepared cases for prosecution. Courtroom performance is at its best, on the other hand, when prosecutors have thoroughly supervised the investigation and prepared the case for trial. In the end, the raw material prosecutors have to work with in courtrooms—the evidence—is a product of all of the work prosecutors perform outside the courtroom. For the Prosecution: How to Prosecute Criminal Cases seeks to provide prosecutors and those who wish to become prosecutors, including law students, guidance on how to prosecute criminal cases from investigation to appeal. This book provides guidance on how to successfully investigate and prosecute criminal cases. Thus, this book focuses on strategies and tactics involved in prosecution, and the soft skills for managing cases and people. This book examines how to think about criminal cases, guide investigations, and break down and organize complex cases in a persuasive manner. The book also examines ways to organize and prioritize caseloads, strategies for taking down criminal organizations, and tactics for turning criminals into cooperators. The book describes how to handle motions practice, prepare a case for trial, and successfully litigate sentencing hearings and appeals. This is not just another trial advocacy book. It is all of the work prosecutors perform outside the courtroom that makes it possible for them to resolve more than 90% of their cases through guilty pleas, and to prevail on the relatively few cases that go to trial. This book focuses on all the laws, duties, strategies and tactics prosecutors execute investigating and prosecuting criminal cases for those who wish to become prosecutors or further their career. Throughout C.J. Williams explores the strategies and tactics involved in prosecuting criminal cases, as well as examines the skills a successful prosecutor needs to develop in order to work with all those involved in the criminal justice system. He even brings his own experiences and lessons learned about prosecuting criminal cases into For the Prosecution, giving the reader more than the typical trial advocacy book.


The Prosecutor

The Prosecutor

Author: William F. McDonald

Publisher: SAGE Publications, Incorporated

Published: 1979-08

Total Pages: 290

ISBN-13:

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