Plea Bargaining's Triumph : A History of Plea Bargaining in America / George Fisher.
2022
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Details
Title
Plea Bargaining's Triumph : A History of Plea Bargaining in America / George Fisher.
Imprint
Stanford, CA : Stanford University Press, [2022]
Copyright
©2003
Description
1 online resource (416 p.) : 34 tables, 5 figures
Formatted Contents Note
Frontmatter
Contents
Figures and Tables
Acknowledgments
Prologue
1 Liquor Laws, Murder Cases, and the Prosecutor's Power to Charge
2 The Prosecutor's Motives in Plea Bargaining
3 On-File Plea Bargaining and the Rise of Probation
4 The Defendant's Power to Plead
5 Judges and the Power to Sentence
6 Social and Political Theories of Plea Bargaining's Rise
7 Explaining Plea Bargaining's Progress Elsewhere
8 The Power of Plea Bargaining
9 The Balance of Power to Plea Bargain
Appendix A A Note on the Cases
Appendix B Ferdinand's Category of "Vice or Regulatory Offenses"
Notes
Bibliography
Index
Contents
Figures and Tables
Acknowledgments
Prologue
1 Liquor Laws, Murder Cases, and the Prosecutor's Power to Charge
2 The Prosecutor's Motives in Plea Bargaining
3 On-File Plea Bargaining and the Rise of Probation
4 The Defendant's Power to Plead
5 Judges and the Power to Sentence
6 Social and Political Theories of Plea Bargaining's Rise
7 Explaining Plea Bargaining's Progress Elsewhere
8 The Power of Plea Bargaining
9 The Balance of Power to Plea Bargain
Appendix A A Note on the Cases
Appendix B Ferdinand's Category of "Vice or Regulatory Offenses"
Notes
Bibliography
Index
Summary
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.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 29. Jun 2022)
Location
www
In
Title is part of eBook package: Stanford University Press Backlist eBook-Package 2000-2013 De Gruyter
Available in Other Form
print
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780804780285
Record Appears in