While guilty pleas are the primary mode of criminal case dispositions across different legal jurisdictions, this topic remains an understudied area. The assumption is that defendants are 'playing the system' and that a sliding scale of sentence discounts is necessary to encourage early guilty pleas, which offer utilitarian benefits of efficiency. These assumptions lack a solid empirical foundation. This book offers a comprehensive investigation of how the timing of guilty pleas affects various facets of the criminal process, from the factors that affect this timing, to the effects that the sliding scale of sentence discounts have on sentences and public opinions about them. It also draws comparisons between Western and Asian legal systems, specifically those of England and Wales and Hong Kong. This book is addressed to scholars, legal practitioners, policymakers and those interested in criminal justice, socio-legal studies and empirical legal research.
International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes.
Written by a talented, experienced, and diverse team of lawyers from the judiciary, academia, the offices of state and federal prosecutors, the office of the state public defender, and the private bar. Follow the process from arrest to post-conviction motions, using the top best practices of Connecticut's Criminal Bar. The digital version contains hyperlinks to full text of cases, statutes and other authoritative content.
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.
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.
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.