plea bargaining in national and international law a comparative study

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Plea Bargaining In National And International Law

Author : Regina Rauxloh
ISBN : 9780415597869
Genre : Law
File Size : 69. 74 MB
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Plea bargaining is one of the most important and most discussed issues in modern criminal procedure law. Based on historical and comparative legal research, the author has analysed the wide-spread use of plea bargaining in different criminal justice systems. The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. Drawing on her research findings, the author goes on to discuss the extent to which plea bargaining should be developed in the International Criminal Court in The Hague, as the question of this practise is set to be one of the seminal debates in the development of international criminal procedures in the new International Criminal Court. Plea Bargaining in National and International Law will be of particular interest to academics and students of international criminal law, criminal procedures and comparative law.

Plea Bargaining Across Borders

Author : Jenia I. Turner
ISBN : 0735575711
Genre : Law
File Size : 58. 3 MB
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Plea Bargaining Across Borders: Criminal Procedure can be used alongside any criminal procedure casebook to explore how criminal defendants are treated under different national and international jurisdictions. Jenia Iontcheva Turner employs realistic hypothetical scenarios to illustrate how different attitudes toward plea bargaining and sentencing can produce a range of outcomes across jurisdictions. Organized and presented for students who may not be familiar with comparative and international law, "Plea Bargaining Across Borders: Criminal Procedure" features: coverage of three types of jurisdictions those that allow plea bargaining in all cases (e.g., the United States and international criminal courts) those that allow plea bargaining only for minor crimes (e.g., Germany, Bulgaria) those that do not formally allow plea bargaining under any circumstances (e.g., Japan), but that employ practices that are functionally similar to plea bargaining a consistent internal chapter structure: a brief history of plea bargaining in each jurisdiction relevant primary sources of law analysis that focuses on the participants, timing, and setting of negotiations and on the subject matter of plea agreements discussion of the legal conditions for a valid guilty plea discussion of the law regarding withdrawal of a guilty plea and breach of a plea agreement scholarly commentary supporting or criticizing plea bargaining succinct overview charts that show country comparisons at a glance hypothetical drug trafficking and homicide scenarios realistic hypothetical scenarios that depict plea bargaining in different kinds of criminal cases and require students to apply the laws of different jurisdictions to similar facts a unique combination of primary and secondary source materials, including interviews with practitioners and scholarly commentary Questions and Notes that fuel class discussion discussion of plea bargaining at international criminal courts, such as the international criminal tribunals for former Yugoslavia and Rwanda and the International Criminal Court free-standing chapters that allow instructors to tailor the coverage to their own teaching objectives Professor's Notes that offer guidance for teaching, link the hypotheticals to core course content, and reference additional materials addressing specific countries and comparative and international criminal procedure generally Incorporating materials common to the leading criminal procedure casebooks, Plea Bargaining Across Borders can be easily adapted to your criminal procedure syllabus. The entire book may be assigned over four or five classes, or single chapters may be inserted into the semester to introduce a transnational perspective to your course.

World Plea Bargaining

Author : Stephen Thaman
ISBN : 1594605734
Genre : Law
File Size : 64. 83 MB
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The full-blown trial with its guarantees of presumption of innocence, due process, and constitutional evidence is no longer affordable. With the rise in crime and the more cost-, and labor-intensive procedures required by modern notions of due process, legislatures and courts around the world are gradually giving priority to the principle of procedural economy and introducing forms of consensual and abbreviated criminal procedure to deal with overloaded dockets. This book, which combines chapters from distinct countries which were originally written for the XVII Congress of the International Academy of Comparative Law in Utrecht, The Netherlands, in July 2006, also includes theoretical contributions by Mirjan Damaska on the role of plea bargaining in the international criminal tribunals and Maximo Langer on the “Americanization” of world criminal procedure and the “translation” of American plea bargaining into the legal language of inquisitorial legal systems. The book concludes with the editor's comprehensive analysis of the typologies of plea bargaining and their historical and doctrinal roots.

Linguistic Diversity And European Democracy

Author : Asst Prof Silvia Adamo
ISBN : 9781409497516
Genre : Law
File Size : 85. 40 MB
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What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.

Comparative Criminal Procedure

Author : Jacqueline E. Ross
ISBN : 9781781007198
Genre : Law
File Size : 78. 98 MB
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This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.

Multilingual Law

Author : Colin D Robertson
ISBN : 9781317093480
Genre : Law
File Size : 25. 78 MB
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This book introduces and explores the concept of multilingual law. Providing an overview as to what is 'multilingual law', the study establishes a new discourse based on this concept, which has hitherto lacked recognition for reasons of complexity and multidisciplinarity. The need for such a discourse now exists and is becoming urgent in view of the progress being made towards European integration and the legal and factual foundation for it in multilingualism and multilingual legislation. Covering different types of multilingual legal orders and their distinguishing features, as well as the basic structure of legal systems, the author studies policy formation, drafting, translation, revision, terminology and computer tools in connection with the legislative and judicial processes. Bringing together a range of diverse legal and linguistic ideas under one roof, this book is of importance to legal-linguists, drafters and translators, as well as students and scholars of legal linguistics, legal translation and revision.

Crime Procedure And Evidence In A Comparative And International Context

Author : John Jackson
ISBN : 9781847314628
Genre : Law
File Size : 71. 51 MB
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This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

The Ethics Of Plea Bargaining

Author : Richard L. Lippke
ISBN : 9780199641468
Genre : Law
File Size : 54. 7 MB
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Plea bargaining is among the most controversial practices within the US criminal justice system. It offers the accused less punishment in exchange for an admission of guilt and can impose added punishment on those who insist on going to trial. This book offers the first extended critical analysis of the ethics of the practice.

Crime And Justice Volume 41

Author : Michael Tonry
ISBN : 9780226010182
Genre : Law
File Size : 79. 28 MB
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Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void. Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control. Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.

International Practices Of Criminal Justice

Author : Mikkel Jarle Christensen
ISBN : 9781351384629
Genre : Law
File Size : 71. 81 MB
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International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.

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