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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


Sentencing Reform

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/9780195078206.003.0005
Subject:
History, American History: 20th Century

Unlike in other parts of the criminal process where discretion is not acknowledged, in sentencing discretion is eminently visible and is celebrated as the cornerstone of sentencing policy. This ... More


Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Lucia Zedner and Julian V. Roberts (eds)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this book explores questions of principle and value in criminal law and criminal ... More


Positive Obligations and Criminal Justice: Duties to Protect or Coerce?

Liora Lazarus

in Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.003.0009
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter explores the relationship between criminal law, criminal process, and human rights from a slightly different perspective. It seeks to demonstrate that while human rights may well be used ... More


Witness Anonymity in the Criminal Process

Ian Dennis

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0025
Subject:
Law, Criminal Law and Criminology

This chapter deals with witness anonymity, focusing on witnesses who provide evidence adverse to a defendant in a criminal trial, but whose identity is sought to be withheld from the defendant. It ... More


The Adversarial Process and the Vulnerable Witness

Louise Ellison

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198299097
eISBN:
9780191685613
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299097.001.0001
Subject:
Law, Criminal Law and Criminology

Until quite recently it was commonplace to describe the witness as the ‘forgotten man’ in the criminal justice system. The last few years have seen a dramatic shift in thinking with an increasing ... More


The Judicial Review of Cartel Control: Testing the Evidence and Due Process

Christopher Harding and Julian Joshua

in Regulating Cartels in Europe

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199551484
eISBN:
9780191594977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551484.003.0008
Subject:
Law, EU Law, Competition Law

Alongside the increasingly difficult and complex task of proving cartel activity and involvement for legal purposes there developed a responsive practice on the part of companies, seeking to the ... More


The High Cost of Efficiency

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/9780190457877.003.0006
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

This chapter explores important but rarely noted consequences of achieving greater efficiency in criminal process through plea bargaining and other reforms. Whenever a process for producing ... More


The Context of Upheaval

David J. A. Cairns

in Advocacy and the Making of the Adversarial Criminal Trial 1800–1865

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262848
eISBN:
9780191682414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262848.003.0001
Subject:
Law, Legal History

During the eighteenth and early nineteenth centuries capital punishment dominated the criminal process. There were nominally over two hundred capital felonies, ranging from the most serious crimes ... More


Compassion

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.0005
Subject:
Law, Criminal Law and Criminology, Medical Law

Jurisprudentially, the main drivers of legal change or attempts at legal change on assisted dying have been rights and the duty-based defence of necessity. An alternative proposal has been made in ... More


A Liberal Republic and its Criminal Law

R A Duff

in The Realm of Criminal Law

Published in print:
2018
Published Online:
August 2018
ISBN:
9780199570195
eISBN:
9780191859595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199570195.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter puts some flesh on Chapter 4’s formal account of civil order, by sketching the civil order of a liberal republic, drawing on the republican tradition of political thought. We can then ... More


Blame in the criminal justice process

Gavin Dingwall and Tim Hillier

in Blamestorming, blamemongers and scapegoats: Allocating blame in the criminal justice process

Published in print:
2015
Published Online:
September 2015
ISBN:
9781447305002
eISBN:
9781447311614
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447305002.003.0002
Subject:
Sociology, Law, Crime and Deviance

Chapter Two provides an overview of the role of blame in English criminal justice. Although the chapter cautions against viewing the criminal trial as the normal response to deviant behaviour (most ... More


Introduction

MIKE REDMAYNE

in Expert Evidence and Criminal Justice

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198267805
eISBN:
9780191714856
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267805.003.0001
Subject:
Law, Criminal Law and Criminology

This introductory chapter presents the main focus of the book, which is the use of expert evidence in the criminal process. It explains that expert evidence presents a number of challenges to the ... More


Introduction: Justice in a Minimal State

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/9780190457877.003.0001
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

Democracy, markets, and legal rules are different means by which to make decisions among competing interests and to allocate resources. This chapter introduces the argument that U.S. criminal process ... More


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

Darryl K. Brown

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190457877
eISBN:
9780190457907
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190457877.001.0001
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

This book explains how excessive faith in democratic politics and free markets has undermined the rule of law in U.S. criminal process. From initial charges and evidence gathering through criminal ... More


LEP immigrants in Irish courts

Kate Waterhouse

in Ireland's District Court: Language, immigration and consequences for justice

Published in print:
2014
Published Online:
January 2015
ISBN:
9780719095276
eISBN:
9781781707548
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719095276.003.0004
Subject:
Sociology, Law, Crime and Deviance

Chapter 3 describes the changing context of the District Court resulting from immigration. Here, a discussion of how the need for language services in the Irish courts system grew, and was responded ... More


Criminal Justice and the Security State

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/9780190457877.003.0007
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

This penultimate chapter addresses two broad questions. First, if U.S. criminal justice is so committed to democracy and markets because of an enduring distrust of government, why have these ... More


Knowledge as Power: Criminal Registration and Community Notification Laws in America

Wayne A. Logan

Published in print:
2009
Published Online:
June 2013
ISBN:
9780804757102
eISBN:
9780804771399
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757102.001.0001
Subject:
Law, Criminal Law and Criminology

Societies have long sought security by identifying potentially dangerous individuals in their midst. America is surely no exception. This book traces the evolution of a modern technique that has come ... More


Detective Work

Martin Innes

in Investigating Murder: Detective Work and the Police Response to Criminal Homicide

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199259427
eISBN:
9780191698613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259427.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter examines the logics, processes, and techniques that detectives employ in murder investigations. It is particularly concerned with how investigative actions are ordered and structured by ... More


Criminal Answerability and the Offence/Defence Distinction

Luís Duarte d’Almeida

in Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199685783
eISBN:
9780191765766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685783.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter makes use of the analyses set forth in the book to cast light on our legal practices of holding people responsible for their actions. The focus is on criminal responsibility. Criminal ... More


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