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Plea Bargaining's Triumph: A History of Plea Bargaining in America - Hardcover

 
9780804744591: Plea Bargaining's Triumph: A History of Plea Bargaining in America
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Since the 1800s, plea bargaining has progressively defeated jury trials in the American criminal justice system. "Like most of history's victors," argues Fisher (law, Stanford Law School), "plea bargaining won in great part because it served the interests of the powerful." Looking at the records of the middle-tier courts of Massachusetts, he argues that plea bargaining advanced as prosecutors slowly wrested the power of setting sentences from judges. He explores the role of legislators, prosecutors, judges, and defendants in this process. Annotation (c) Book News, Inc., Portland, OR (booknews.com)

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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.
From the Back Cover:
“Bold in its own right, Plea Bargaining’s Triumph is both an excellent synthesis and refutation of existing scholarship, and it may contribute to law reform.”—John G. Jacobsen, University of Nebraska, Lincoln
“Rarely does a work of legal history speak so clearly to contemporary crisis as does George Fisher’s Plea Bargaining’s Triumph.—Candace McCoy, School of Criminal Justice, Rutgers University

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  • PublisherStanford Univ Pr
  • Publication date2003
  • ISBN 10 0804744599
  • ISBN 13 9780804744591
  • BindingHardcover
  • Edition number1
  • Number of pages416
  • Rating

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9780804751353: Plea Bargaining's Triumph: A History of Plea Bargaining in America

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