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.
Release on 2006 | by Paul H. Robinson,Michael T. Cahill
Why Criminal Law Doesn't Give People What They Deserve
Author: Paul H. Robinson,Michael T. Cahill
Pubpsher: Oxford University Press on Demand
This book is a ... for thoughtful legislators and all the rest of us who seek justice for persons charged with crimes-proportional punishment of the guilty, and exculpation of the morally blameless. The authors demonstrate, with remarkable lucidity, how and why the criminal law sometimes deliberately sacrifices justice for other goals, and they provide thoughtful, controversial, and often persuasive suggestions on how we can redesign our legal system to give people their just deserts. [In the book, the authors offer an] account of how the American criminal justice system fails to give offenders their just deserts in a number of different contexts. From the refusal to allow partial exoneration for defenses like mistake of law and insanity to the practicallimitations on detecting and prosecuting offenders, [they also] demonstrate through ... discussions of actual cases the many areas where criminal sentencing fails to do justice. -Dust jacket.
Release on 2012-07-17 | by Joshua Dressler,Alan C. Michaels
Author: Joshua Dressler,Alan C. Michaels
The Fourth Edition of this clearly written Understanding treatise is new in many respects. Most significantly, it has been enlarged to two volumes. Volume One: Investigation is intended for use in criminal procedure courses focusing primarily or exclusively on the police investigatory process. Volume Two: Adjudication covers the criminal process after the police investigation ends and the adjudicative process commences. The text covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out and some of the hottest debates in the field are considered in depth and objectively. The authors have also included citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics.
Psychological science now reveals much about the law's response to crime. This is the first text to bridge both fields as it presents psychological research and theory relevant to each phase of criminal justice processes. The materials are divided into three parts that follow a comprehensive introduction. The introduction analyses the major legal themes and values that guide criminal justice processes and points to the many psychological issues they raise. Part I examines how the legal system investigates and apprehends criminal suspects. Topics range from the identification, searching and seizing to the questioning of suspects. Part II focuses on how the legal system establishes guilt. To do so, it centres on the process of bargaining and pleading cases, assembling juries, providing expert witnesses, and considering defendants' mental states. Part III focuses on the disposition of cases. Namely, that part highlights the process of sentencing defendants, predicting criminal tendencies, treating and controlling offenders, and determining eligibility for such extreme punishments as the death penalty. The format seeks to give readers a feeling for the entire criminal justice process and for the role psychological science has and can play in it.
Release on 2005 | by Jerome H. Skolnick,Malcolm Feeley,Candace McCoy
Introductory Cases and Materials
Author: Jerome H. Skolnick,Malcolm Feeley,Candace McCoy
Introduces the concept of crime and addresses key issues such as how we measure criminality, its variety, and the justifications we employ for punishing it. The book also discusses processing institutions: police, prosecutor, defense attorney, courts, sentencing and corrections. The book defines the relationships among these institutions and illustrates the relationships with examples. Materials in the book include cases and statutes, the writings and commentary of legal scholars, articles by social scientists and humanists, newspaper editorials and reports by criminal justice practitioners.
This encyclopedia deals with not only law, but also sociology, psychology, history and economics. With entries ranging widely from abortion to rape and from family violence to wiretapping, the text offers a true mirror of issues in today's headlines.