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Plea Negotiations - Pragmatic Justice in an Imperfect World (Hardcover, 1st ed. 2018)
Loot Price: R3,598
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Plea Negotiations - Pragmatic Justice in an Imperfect World (Hardcover, 1st ed. 2018)
Series: Palgrave Socio-Legal Studies
Expected to ship within 12 - 17 working days
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Despite a popular view that trials are the focal point of the
criminal justice process, in reality, the most frequent way a
criminal matter resolves is not through a fiercely fought battle
between state and defendant, but instead through a process of
negotiation between the prosecution and defence, resulting in a
defendant pleading guilty in exchange for agreed concessions from
the prosecution. This book presents an original empirical
case-study of plea negotiations drawing upon interviews with legal
actors and an analysis of defence practitioner case files, to shine
light on the processes and ways in which an agreed outcome is
reached in criminal prosecutions, within the setting of a
jurisdiction, like many others world-wide, which is suffering major
shifts in state resources. Plea negotiations, also referred to as
"plea bargaining", "negotiated guilty pleas" and "negotiated
resolutions" are neither an alloyed benefit nor a detriment for
defendants, victims or the criminal justice system generally, and
like all compromises, this book shows how the perfect "justice"
outcome gives way to the good, or just the reasonably acceptable
justice outcome.
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