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Plea Negotiations

Pragmatic Justice in an Imperfect World. Palgrave Socio-Legal Studies

By (author) Arie Freiberg, Asher Flynn
Format: Hardback
Publisher: Springer International Publishing AG, Cham, Switzerland
Published: 3rd Aug 2018
Dimensions: w 156mm h 234mm d 17mm
Weight: 592g
ISBN-10: 3319926292
ISBN-13: 9783319926292
Barcode No: 9783319926292
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Synopsis
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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