Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 9 Sept/Oct 2017

Book of the Month

Cover of Corruption and Misuse of Public Office

Corruption and Misuse of Public Office

Price: £225.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The Ethics of Plea Bargaining


ISBN13: 9780199641468
Published: October 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £83.00



Despatched in 4 to 6 days.

The practice of plea bargaining plays a hugely significant role in the adjudication of criminal charges and has provoked intense debate about its legitimacy. This book offers the first full-length philosophical analysis of the ethics of plea bargaining.

It develops a sustained argument for restrained forms of the practice and against the free-wheeling versions that predominate in the United States. In countries that have endorsed plea bargains, such as the United States, upwards of ninety percent of criminal defendants plead guilty rather than go to trial.

Yet trials, which grant a presumption of innocence to defendants and place a substantial burden of proof on the state to establish guilt, are widely regarded as the most appropriate mechanisms for fairly and accurately assigning criminal sanctions. How is it that many countries have abandoned the formal rules and rigorous standards of public trials in favor of informal and veiled negotiations between state officials and criminal defendants concerning the punishment to which the latter will be subjected? More importantly, how persuasive are the myriad justifications that have been provided for plea bargaining? These are the questions addressed in this book.

Examining the legal processes by which individuals are moved through the criminal justice system, the fairness of those processes, and the ways in which they reproduce social inequality, this book offers an ethical argument for restrained forms of plea bargaining. It also provides a comparison between the different plea bargaining regimes that exist within the US, where it is well-established, England and Wales, where the practice is coming under considerable critique, and the European Union, where debate continues on whether it coheres with inquisitorial legal regimes.

It suggests that rewards for admitting guilt are distinguished from penalties for exercising the right to trial, and argues for modest, fixed sentence reductions for defendants who admit their guilt. These suggestions for reform include discouraging the current practice of deliberate over-charging by prosecutors and charge bargaining, and require judges to scrutinize more closely the evidence against those accused of crimes before any guilty pleas are entered by them.

Arguing that the negotiation of charges and sentences should remain the exception, not the rule, it nevertheless puts forward a normative defense for the reform and retention of the plea bargaining system.

Subjects:
Criminal Law, Courts and Procedure
Contents:
Introduction
1. Waiver Rewards and Trial Penalties
2. Against Trial Penalties
3. Waiver Rewards and Deserved Punishment
4. Remorse and Waiver Rewards
5. Waiver Rewards and the Reduction of Crime
6. Rewarding Cooperation
7. Plea Bargains as Contracts
8. Principled Criminal Prosecution and Half-Loaves
9. Plea Bargaining and Getting at the Truth
Epilogue

Series: Oxford Monographs on Criminal Law and Justice

The Preventive Turn in Criminal Law ISBN 9780198737858
Published April 2017
Oxford University Press
£60.00
Criminal Justice and Taxation ISBN 9780198755838
Published February 2017
Oxford University Press
£60.00
In Search of Criminal Responsibility: Ideas, Interests, and Institutions ISBN 9780199248209
Published March 2016
Oxford University Press
£75.00
In Search of Criminal Responsibility: Ideas, Interests, and Institutions ISBN 9780199248216
Published March 2016
Oxford University Press
£29.99
Preventive Justice ISBN 9780198712534
Published September 2015
Oxford University Press
£28.99
Character in the Criminal Trial (eBook) ISBN 9780191057045
Published March 2015
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
Buy
Character in the Criminal Trial ISBN 9780199228898
Published March 2015
Oxford University Press
£69.00
Preventive Justice ISBN 9780198712527
Published April 2014
Oxford University Press
£58.00
Homicide and the Politics of Law Reform (eBook) ISBN 9780191635953
Published July 2012
Oxford University Press
£57.50 + £11.50 VAT
(ePub)
Buy
Homicide and the Politics of Law Reform ISBN 9780199561919
Published July 2012
Oxford University Press
£84.00
£57.50 + £11.50 VAT
(ePub)
Buy
£84.00
Manifest Madness: Mental Incapacity in the Criminal Law (eBook) ISBN 9780191627552
Published April 2012
Oxford University Press
£57.50 + £11.50 VAT
(ePub)
Buy
Manifest Madness: Mental Incapacity in the Criminal Law ISBN 9780199698592
Published April 2012
Oxford University Press
£84.00
Punishment and Freedom: A Liberal Theory of Penal Justice ISBN 9780199652334
Published March 2012
Oxford University Press
£35.49
Punishment and Freedom: A Liberal Theory of Penal Justice (eBook) ISBN 9780191633287
Published July 2009
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
Buy
Punishment and Freedom: A Liberal Theory of Penal Justice ISBN 9780199207251
Published July 2009
Oxford University Press
£89.00
Prosecuting Domestic Violence: A Philosophical Analysis ISBN 9780199562169
Published March 2009
Oxford University Press
£83.00
Abuse of Process and Judicial Stays of Criminal Proceedings 2nd ed ISBN 9780199280834
Published September 2008
Oxford University Press
£84.00
A Philosophy of Evidence Law: Justice in the Search for Truth ISBN 9780199228300
Published March 2008
Oxford University Press
£68.00
The Criminal Justice System and Health Care ISBN 9780199228294
Published December 2007
Oxford University Press
£95.00
Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime ISBN 9780199225804
Published March 2007
Oxford University Press
£25.99
Criminal Responsibility ISBN 9780199225828
Published March 2007
Oxford University Press
£36.49
Excusing Crime ISBN 9780199225781
Published March 2007
Oxford University Press
£37.99
Rethinking Imprisonment ISBN 9780199209125
Published January 2007
Oxford University Press
£95.00
Killing in Self-Defence ISBN 9780199283460
Published December 2006
Oxford University Press
£71.00
Delayed Prosecution for Childhood Sexual Abuse ISBN 9780199282289
Published April 2006
Oxford University Press
£102.50
Lying, Cheating, and Stealing: A Moral Theory of White Collar Crime ISBN 9780199268580
Published January 2006
Oxford University Press
£59.00
Defining Crimes: Essays on the Special Part of the Criminal Law ISBN 9780199269228
Published August 2005
Oxford University Press
£96.00
Criminal Responsibilty ISBN 9780199261598
Published June 2005
Oxford University Press
£97.00
Proportionate Sentencing: Exploring the Principles ISBN 9780199272600
Published May 2005
Oxford University Press
£96.00
Appraising Strict Liability ISBN 9780199278510
Published March 2005
Oxford University Press
£84.00
Excusing Crime ISBN 9780198264828
Published July 2004
Oxford University Press
£84.00
Criminal Law Theory: Doctrines of the General Part
Edited by: Stephen Shute
ISBN 9780199243495
Published June 2004
Oxford University Press
£84.00
Contrasting Prisoners' Rights ISBN 9780199259830
Published March 2004
Oxford University Press
£90.00
Jurisdiction and the Ambit of the Criminal Law
Michael HirstProfessor of Criminal Justice, De Montfort University, Leicester
ISBN 9780199245390
Published July 2003
Oxford University Press
£90.00
Corporations and Criminal Responsibility 2nd ed
Celia WellsProfessor of Law, University of Cardiff, Wales
ISBN 9780198267935
Published December 2002
Oxford University Press
£90.00
The Adversarial Process and the Vulnerable Witness ISBN 9780198299097
Published October 2002
Oxford University Press
£78.00
Rethinking English Homicide Law ISBN 9780198299042
Published June 2002
Oxford University Press
£90.00
Rape and the Legal Process 2nd ed ISBN 9780198763550
Published May 2002
Oxford University Press
£44.99
Rape and the Legal Process 2nd ed
Jennifer TemkinUniversity of Sussex
ISBN 9780198763543
Published May 2002
Oxford University Press
Out of print
Understanding Miscarriages of Justice ISBN 9780198298939
Published November 2001
Oxford University Press
£90.00
Expert Evidence and Criminal Justice ISBN 9780198267805
Published August 2001
Oxford University Press
£84.00
Corporations and Criminal Responsibility 2nd ed (eBook) ISBN 9780191018770
Published May 2001
Oxford University Press
£30.82 + £6.16 VAT
(ePub)
Buy
Corporations and Criminal Responsibility 2nd ed ISBN 9780199246199
Published May 2001
Oxford University Press
£44.99
Rethinking English Homicide Law ISBN 9780198299158
Published November 2000
Oxford University Press
£44.99
Punishment, Responsibility and Justice: A Relational Critique
Alan NorrieEdmund Davies Professor of Criminal Law and Justice, King's College, London
ISBN 9780198259565
Published October 2000
Oxford University Press
£90.00
Silence, Confessions and Improperly Obtained Evidence ISBN 9780198262695
Published February 2000
Oxford University Press
£110.00
Fundamentals of Sentencing Theory: Essays in Honour of Andrew von Hirsch ISBN 9780198262565
Published December 1998
Oxford University Press
£110.00
£90.00
Structure and Function in Criminal Law ISBN 9780198258865
Published June 1998
Oxford University Press
£78.00
Harm and Culpability ISBN 9780198260578
Published October 1997
Oxford University Press
£110.00
Judge Without Jury: Diplock Trials in the Adversary System ISBN 9780198258896
Published July 1997
Oxford University Press
£71.00
Criminal Attempts
Antony DuffProfessor, Department of Philosophy, University of Stirling, Scotland
ISBN 9780198262688
Published April 1997
Oxford University Press
£90.00
Public Prosecutors and Discretion: A Comparative Study ISBN 9780198259152
Published August 1996
Oxford University Press
£102.50
Censure and Sanctions New ed ISBN 9780198262411
Published August 1996
Oxford University Press
£52.00
Hearsay and Confrontation in Criminal Trials ISBN 9780198258919
Published March 1996
Oxford University Press
£102.50
Mental Condition Defences in the Criminal Law
R.D. MackayProfessor of Criminal Policy and Mental Health, De Montfort University, Leicester
ISBN 9780198259954
Published September 1995
Oxford University Press
£102.50
Standing Accused: The Organization and Practices of Criminal Defence Lawyers in Britain
Mike McConvilleProfessor of Law, University of Warwick, Jacqueline Hodgson, Lee Bridges, Anita Pavlovic
ISBN 9780198258681
Published May 1995
Oxford University Press
£96.00
Provocation and Responsibility
Jeremy HorderFellow and Tutor in Law, Worcester College, University of Oxford
ISBN 9780198256960
Published October 1992
Oxford University Press
£96.00
Crime and the Computer ISBN 9780198256212
Published March 1991
Out of print
Publication Abandoned