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This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes.
Against a backdrop of a dysfunctional criminal justice system, the authors bring an avalanche of legal and empirical material to question the legitimacy of the relationship between judges, lawyers, politicians and defendants in modern Britain. Examinin
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
This document presents the Commission's view on the need for reform together with their recommendations and commentary.
Report of the American Bar Foundation's survey of the adminstration of criminal justice in the United States.
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.
This White Paper sets out the Government's programme of reforms to the criminal justice system in England and Wales. It is in part a response to the commitment given by the Prime Minister to learn the lessons from the highly effective and rapid reaction of the criminal justice agencies to last summer's disturbances. This Paper sets out the programme already in train across the criminal justice services to tackle delay and waste, increase accountability and transparency and improve public confidence. The White Paper sets out to reform the criminal justice system by: (i) Creating a swift and sure system of justice; (ii) Making it more transparent, accountable and responsive to local needs.
Written by a talented, experienced, and diverse team of lawyers from the judiciary, academia, the offices of state and federal prosecutors, the office of the state public defender, and the private bar. Follow the process from arrest to post-conviction motions, using the top best practices of Connecticut's Criminal Bar. The digital version contains hyperlinks to full text of cases, statutes and other authoritative content.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.