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Inside Plea Bargaining - The Language of Negotiation (Paperback, Softcover reprint of the original 1st ed. 1984)
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Inside Plea Bargaining - The Language of Negotiation (Paperback, Softcover reprint of the original 1st ed. 1984)
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Negotiation is a ubiquitous part of social life. Some even say that
social order itself is a negotiated phenomenon. Yet the study of
negotiation as an actual discourse activity, occurring between
people who have substantial interests and tasks in the real social
world, is in its infancy. This is the more surprising because plea
bargaining, as a specific form of negotiation, has recently been
the center of an enormous amount of research attention. Much of the
concern has been directed to basic ques tions of justice, such as
how fair the process is, whether it is unduly coercive, and whether
it accurately separates the guilty from the innocent. A study such
as mine does not try to answer these sorts of questions. I believe
that we are not in a position to answer them until we approach plea
bargaining on its own complex terms. Previous studies that have
attempted to provide a general picture of the process as a way to
assess its degree of justness have neglected the specific skills by
which prac titioners bargain and negotiate, the particular
procedures through which various surface features such as character
assessment are accomplished, and concrete ways in which justice is
administered and, simultaneously, caseloads are managed."
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