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Against Trial Penalties

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/9780199641468.003.0003
Subject:
Law, Criminal Law and Criminology

The chapter offers a sustained argument against trial penalties. The chapter begins with discussion of the normative basis of the right to a trial, emphasizing the private and public goods produced ... More


Waiver Rewards and Trial Penalties

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/9780199641468.003.0002
Subject:
Law, Criminal Law and Criminology

The chapter distinguishes waiver rewards from trial penalties. A procedure is proposed for separating the two, termed a “settlement hearing.” Such hearings occur pre-trial and are initiated by ... 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


Plea Bargains as Contracts

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/9780199641468.003.0008
Subject:
Law, Criminal Law and Criminology

Another traditional defense of plea bargaining claims that waiver rewards of any size or kind are legitimate if the contracting parties—usually prosecutors and defendants (or their attorneys)—freely ... 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


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