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Getting Down to Cases

Ruth W. Grant

in Strings Attached: Untangling the Ethics of Incentives

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151601
eISBN:
9781400839742
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151601.003.0006
Subject:
Business and Management, Knowledge Management

This chapter explores in more detail four very different domains where incentives have been controversial: plea bargaining, recruiting medical research subjects, the loan policies of the ... More


Taming the System: The Control of Discretion in Criminal Justice, 1950–1990

Samuel Walker

Published in print:
1993
Published Online:
October 2011
ISBN:
9780195078206
eISBN:
9780199854202
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195078206.001.0001
Subject:
History, American History: 20th Century

Since the American Bar Foundation Survey of the Administration of Criminal Justice (1953–69) “discovered” the phenomenon of discretion in criminal justice, it has become something of a truism that ... More


The Plea-Bargaining Problem

Samuel Walker

in Taming the System: The Control of Discretion in Criminal Justice, 1950–1990

Published in print:
1993
Published Online:
October 2011
ISBN:
9780195078206
eISBN:
9780199854202
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195078206.003.0004
Subject:
History, American History: 20th Century

Plea bargaining is often confronted with several criticisms and these are presented at the beginning of this chapter. However, the chapter emphasizes that plea bargaining should not be considered as ... More


The Ethics of Plea Bargaining

Richard L. Lippke

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641468
eISBN:
9780191732195
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641468.001.0001
Subject:
Law, Criminal Law and Criminology

The Ethics of Plea Bargaining offers a sustained argument for restrained forms of plea bargaining and against the freewheeling kinds of it that predominate in the United States. Rewards ... More


Contours of Early Plea Bargaining: Patterns of Pleas and Concessions

Mary E. Vogel

in Coercion to Compromise: Plea Bargaining, the Courts, and the Making of Political Authority

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195101751
eISBN:
9780199851461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195101751.003.0004
Subject:
Law, Legal History

This chapter examines the early patterns of plea bargaining and concessions in Massachusetts. Based on the definition of plea bargaining as the entry of a guilty plea in anticipation of concessions, ... More


Reviving the Jury: Active Juries, Juror Activism, and Institutional Change

Albert W. Dzur

in Punishment, Participatory Democracy, and the Jury

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199874095
eISBN:
9780199980024
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199874095.003.0007
Subject:
Political Science, Political Theory

How can the jury—or something like it—increase its standing within criminal justice? The American Bar Association and other organizations concerned about the jury’s decline have urged a “more active ... More


Plea Bargaining and Getting at the Truth

Richard L. Lippke

in The Ethics of Plea Bargaining

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641468
eISBN:
9780191732195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641468.003.0010
Subject:
Law, Criminal Law and Criminology

The chapter focuses on the merits of plea bargaining as a mechanism for discerning the truth of the criminal charges against individuals. Unconstrained forms of plea bargaining are not reliably ... More


Introduction

Richard L. Lippke

in The Ethics of Plea Bargaining

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641468
eISBN:
9780191732195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641468.003.0001
Subject:
Law, Criminal Law and Criminology

The ubiquity of plea bargaining in the United States and in England and Wales is noted, as is its emergence in other countries. The issues that a normative analysis of plea bargaining must confront ... More


Plea Bargaining: A Distinctively American Practice

Mary E. Vogel

in Coercion to Compromise: Plea Bargaining, the Courts, and the Making of Political Authority

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195101751
eISBN:
9780199851461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195101751.003.0001
Subject:
Law, Legal History

This chapter traces the beginnings of plea bargaining in antebellum Boston, Massachusetts, the first sustained instance of the practice known, thus far, to exist. It explores the social origins of ... More


The Free Market Law of Plea Bargaining

Darryl K. Brown

in Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190457877
eISBN:
9780190457907
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190457877.003.0004
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

This chapter focuses on the American law of plea bargaining. While negotiated guilty pleas are now common in nearly all justice systems, in U.S. criminal justice systems its practice is singularly ... More


3 Plea Bargaining Pitfalls

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter considers prosecutorial choices before trial that may contribute to wrongful convictions, with particular emphasis on decisions about plea bargaining. Plea agreements are based on a ... More


Plea Bargaining Pitfalls

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter considers prosecutorial choices before trial that may contribute to wrongful convictions, with particular emphasis on decisions about plea bargaining. Plea agreements are based on a ... More


The Emergence of Plea Bargaining: Improvization in Law

Mary E. Vogel

in Coercion to Compromise: Plea Bargaining, the Courts, and the Making of Political Authority

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195101751
eISBN:
9780199851461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195101751.003.0006
Subject:
Law, Legal History

This chapter investigates the influence of improvisation in law on the emergence of plea bargaining in the U.S.A. It identifies what circumstances combined to cause episodic leniency to be recrafted ... More


A Suq of Deals: Plea Bargaining

Lisa Hajjar

in Courting Conflict: The Israeli Military Court System in the West Bank and Gaza

Published in print:
2005
Published Online:
March 2012
ISBN:
9780520241930
eISBN:
9780520937987
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520241930.003.0009
Subject:
History, Middle East History

This chapter describes the legal process, which is dominated by plea bargaining. In particular, it investigates the factors that affect plea bargaining, compares how outcomes are achieved, and ... More


Reconsolidating Political Power in an Age of Popular Politics: Whig Reform and Social Reproduction

Mary E. Vogel

in Coercion to Compromise: Plea Bargaining, the Courts, and the Making of Political Authority

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195101751
eISBN:
9780199851461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195101751.003.0007
Subject:
Law, Legal History

This chapter examines the influence of the reconsolidation of political power on the origin of plea bargaining in Boston, Massachusetts. It highlights the influence of politics on the creation of the ... More


Let's Make a Deal: The Power of the Plea Bargain

Angela J. Davis

in Arbitrary Justice: The Power of the American Prosecutor

Published in print:
2009
Published Online:
March 2012
ISBN:
9780195384734
eISBN:
9780199852369
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384734.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter tries to shed light on the arbitrary exercise of discretion during the plea bargaining process that produce and perpetuate uneven results in the criminal justice process. It begins by ... More


Conclusion

Mary E. Vogel

in Coercion to Compromise: Plea Bargaining, the Courts, and the Making of Political Authority

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195101751
eISBN:
9780199851461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195101751.003.0010
Subject:
Law, Legal History

This concluding chapter sums up the key finding of this study on the history of plea bargaining. The result indicates that plea bargaining emerged in Boston, Massachusetts during the 1830s and 1840s ... More


The Long Drift from Morality Play to Machine

Stephanos Bibas

in The Machinery of Criminal Justice

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195374681
eISBN:
9780199933204
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374681.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter traces the history of the shift from the popular ideal of criminal justice as a morality play to a speedy plea-bargaining machine, hidden and insulated from the public. Three major ... More


Epilogue

Richard L. Lippke

in The Ethics of Plea Bargaining

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641468
eISBN:
9780191732195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641468.003.0011
Subject:
Law, Criminal Law and Criminology

The Epilogue discusses two practical problems raised by the book’s argument on behalf of more restrained forms of plea bargaining. The proposal to strictly limit and fix the sentence reductions ... More


Lessons from Criminal Law: How Immigration Prosecutorial Discretion Compares to the Criminal System

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0004
Subject:
Law, Human Rights and Immigration

This chapter explains how immigration prosecutorial discretion relates to the criminal system. It describes the special role of police and prosecutors and the stages at which prosecutorial discretion ... More


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