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Plea Bargaining in National and International Law - A Comparative Study (Hardcover)
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Plea Bargaining in National and International Law - A Comparative Study (Hardcover)
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Plea bargaining avoids a lengthy and costly criminal trial and thus
enables courts to deal with a large number of cases very quickly.
While it has often been argued that modern criminal justice systems
cannot afford to abolish plea bargaining, academics long have
criticised it for undermining the rule of law by avoiding
procedural safe-guards. This book analyses plea bargain in
different families of law, and drawing on these findings ask to
what extent this practice should be developed in international
criminal law. The book analyses the relationship between values and
practice in modern criminal justice systems through the example of
plea bargaining comparing the development and practice of plea
bargaining in different systems. The book sets out in-depth studies
of consensual case dispositions in the UK, setting out how plea
bargaining has developed and spread in England and Wales. It
discusses in detail the problems that this practice poses for the
rule of law as well as well as the principles of adversarial
litigation. The book considers plea-bargaining in the USA as well
as in the civil law German justice system. The book also draws on
empirical research looking at 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.
The book then goes on to look at international criminal law and
examine the use of informal negotiations in the International
Criminal Tribunal for former Yugoslavia and the International
Criminal Tribunal for Rwanda and the possible use in future cases
of the International Criminal Court.
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