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Plea bargaining : some comparative observations
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Hodgson, Jacqueline (2013) Plea bargaining : some comparative observations. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2013/29).
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Official URL: http://ssrn.com/abstract=2366847
Abstract
Plea and sentence bargaining is characterized by several general features that we might recognize as common across a range of jurisdictions and procedural traditions. It requires an admission of guilt from the accused; the accused is offered some reward, incentive or advantage, either in exchange for, or as a result of the plea; and there is some benefit to the criminal justice system – typically the avoidance of a more lengthy and expensive contested trial. The point in the criminal process at which these negotiations are initiated, the personnel involved, and the relative incentives and benefits available will of course differ. In some instances, explicit bargains are struck between prosecutor and defense lawyer; in others, there is direct judicial involvement; and in others, the system benefit may operate as an implicit reward, without any explicit bargaining taking place.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 12 December 2013 | ||||
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Number: | Number 2013/29 | ||||
Number of Pages: | 11 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
Open Access Version: |
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