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.
General
Imprint: |
Stanford University Press
|
Country of origin: |
United States |
Release date: |
July 2004 |
First published: |
2003 |
Authors: |
George Fisher
|
Dimensions: |
229 x 152 x 26mm (L x W x T) |
Format: |
Paperback - Trade / Trade
|
Pages: |
416 |
ISBN-13: |
978-0-8047-5135-3 |
Categories: |
Books >
Law >
Laws of other jurisdictions & general law >
Criminal law
|
LSN: |
0-8047-5135-8 |
Barcode: |
9780804751353 |
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