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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Justice for the Poor

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Debra S. EmmelmanSouthern Connecticut State University, USA

ISBN13: 9780754623090
ISBN: 0754623092
Published: November 2003
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print

In this study, the author examines the behavior of one group of court-appointed defence attorneys and reaches the conclusion that although, in contrast to popular opinion, these attorneys maintain an adversarial stance against the prosecutors and behave in a legally ethical (or ""procedurally just"") manner, case outcomes are unduly shaped by social class and are therefore substantively unjust. This occurs because poor defendants typically lack cultural rhetoric that favourably influences those who construct and operate the criminal court system. Ironically, this indicates that, in many cases, the process of plea bargaining may be more substantively just than trials.;A major contribution of the study is the detailed analysis of the manner by which oppression and substantive injustice occur in the adjudication of many cases and how the cultural practices of the powerful can frequently misconstrue, exclude and mute the voices of the poor.

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Anticipating the task: the cultural context for behavior, Plea bargain or trial? Assessing the value of a case; Taking cases to trial; Negotiating plea bargains.