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Research Handbook on Plea Bargaining and Criminal Justice: (Research Handbooks on Criminal Law and Justice series)

Research Handbook on Plea Bargaining and Criminal Justice: (Research Handbooks on Criminal Law and Justice series)

          
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About the Book

Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the history, practice, underlying issues and future evolution of plea bargaining, through which guilty pleas are secured and trials are avoided. Incorporating academic and practitioner perspectives, this ground-breaking Research Handbook provides a contemporary reflection on the challenges surrounding the societal and legal framing of this enduring feature of the criminal justice landscape. It situates these challenges within the broader discussion on responses to plea bargaining in comparative international and domestic contexts. Exploring the successes and failures of plea bargaining law reforms and practices within a diverse range of trial systems, this Research Handbook lays the foundation for future research and scholarship to enable a clearer understanding of plea bargaining. Drawing attention to contemporary debates and ongoing controversies, this Handbook will be a vital resource for scholars and students of criminal law and justice, criminology, and sociology and social policy.

Table of Contents:
Contents: Series editors’ preface xvi Preface and acknowledgements xviii 1 Introduction to the Research Handbook on Plea Bargaining and Criminal Justice 1 Máximo Langer, Mike McConville and Luke Marsh PART I HISTORICAL FRAMING AND DISPERSION 2 The diffusion of plea bargaining and the global administratisation of criminal convictions 10 Máximo Langer 3 Plea bargaining in the United States 36 Stephen C. Thaman 4 A portrait of guilt from England and Wales: defending against state-induced pleas 58 Luke Marsh 5 Plea bargaining in Hong Kong: a question of definition 76 Kevin Kwok-yin Cheng 6 Plea Bargaining in Latin America 88 Máximo Langer and Máximo Sozzo 7 The increasing reach of negotiated justice in Nordic countries 144 Patrick S. Günsberg 8 The evolving approach to plea bargaining in Ethiopia 156 Kassahun Molla Yilma 9 Balancing public interest, judicial discretion, the rights of an accused person and victims’ rights in plea bargaining: the case of Kenya and South Africa 171 Evelyne Owiye Asaala PART II ABBREVIATED PROCEDURES/ PLEA BARGAINING ANALOGUES 10 Leniency for pleading guilty and acceptance of punishment: an overriding principle of Chinese criminal justice 186 Yu Mou 11 A socio-legal analysis of the impact of the ECtHR caselaw on the development of an abbreviated trial system in Hungary 200 Samantha Joy Cheesman 12 Plea bargaining in India 215 Mrinal Satish 13 Negotiated criminal justice in the Islamic law of modern Muslim states: the rise of the political plea bargain 230 Salim Farrar 14 Deferred prosecutions and justice: a whodunnit? 244 Axel Palmer and Nicholas Ryder PART III UNDERLYING STRUCTURAL/ THEORETICAL ISSUES 15 Guilty pleas, sentencing and sentence ‘discounting’: who is ‘sentence discounting’ really for? 263 Jay Gormley and Cyrus Tata 16 Plea bargaining and the risk of wrongful convictions: a comparative overview 277 Mauricio Duce 17 Racial and gender disparities in plea bargaining 297 Carlos Berdejó 18 Defenses for plea bargaining 312 Michael Conklin PART IV IMPLICATIONS FOR TRIAL PROCESSES, LEGAL EDUCATION/TRAINING AND THE VIRTUAL WORLD 19 The tentacles of state case management: ‘co-operative’ lawyering and ‘efficient’ disclosure in the context of plea determination 330 Ed Johnston 20 Bargaining the rules of evidence 348 Matt Thomason 21 Implications for legal education and training in a guilty plea environment 363 Vicky Kemp and Cerys Gibson 22 Plea bargaining in the virtual courtroom 379 Thea Johnson 23 Women and victims: neglected voices in plea negotiations 391 Monique Moffa, Arie Freiberg and Asher Flynn 24 Methodological and analytical strategies in guilty plea research: combatting myths and informing evidence-based procedure 408 Rebecca K. Helm and Bethany Growns 25 Criminological approaches to plea bargaining 423 Brian D. Johnson and Sean Houlihan PART V LOOKING FORWARD: CONTEMPORARY RESEARCH QUESTIONS, METHODS AND PROSPECTS 26 The long history of plea bargaining 439 Malcolm M. Feeley and Rosann Greenspan 27 English plea bargaining in context: a revisionist history of judicial politics 471 Mike McConville 28 Plea bargaining: a misreading of the common law in modernity 493 Mary E. Vogel 29 Quo vadis, negotiated justice? A success story or a coercion model? 535 Lorena Bachmaier Winter 30 Plea bargaining as second-best criminal adjudication and the future of criminal procedure thought in global perspective 550 Máximo Langer 31 Final thoughts: signposting the future 573 Máximo Langer, Mike McConville and Luke Marsh


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Product Details
  • ISBN-13: 9781802206661
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 244 mm
  • No of Pages: 626
  • Weight: 31.75 gr
  • ISBN-10: 1802206663
  • Publisher Date: 23 Apr 2024
  • Binding: Hardback
  • Language: English
  • Series Title: Research Handbooks on Criminal Law and Justice series
  • Width: 169 mm


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