Plea bargaining across borders : criminal procedure /
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| Author / Creator: | Turner, Jenia I. |
|---|---|
| Imprint: | New York : Aspen Publishers, c2010. |
| Description: | xvi, 294 p. ; 24 cm. |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/7839266 |
Table of Contents:
- Acknowledgments
- Introduction
- Chapter 1. Traditions of Plea Bargaining: The United States
- Introduction
- History of Plea Bargaining in the United States
- Law Related to Plea Bargaining in the United States
- Brady v. United States
- Notes and Questions
- Santobello v. New York
- Notes and Questions
- Practice of Plea Bargaining in the United States
- Participants
- Notes and Questions
- Timing
- Subject Matter
- Cooperation Agreements
- Ad Hoc Plea Bargaining
- Waiving Rights
- Package Deals
- Notes and Questions
- Conditions for Validity of a Guilty Plea
- Voluntariness and Knowledge
- Factual Basis
- Notes and Questions
- Withdrawal of a Guilty Plea and Breach of a Plea Agreement
- Withdrawal
- Breach
- Notes and Questions
- Arguments for and Against Plea Bargaining in the United States
- Notes and Questions
- Hypotheticals
- Plea Bargaining in a Drug Trafficking Case in the United States
- Notes and Questions
- Plea Bargaining in a Homicide Case in the United States
- Notes and Questions
- Chapter 2. Informal Bargaining: Germany
- Introduction
- History of Plea Bargaining in Germany
- Conflict Between Plea Bargaining and the Inquisitorial Tradition
- German Criminal Procedure Code
- Law Related to Plea Bargaining in Germany
- German Criminal Procedure Code
- German Federal Supreme Court Decision, March 3, 2005, GSSt 1/04
- Notes and Questions
- Turner, Judicial Participation in Plea Negotiations
- Federal Ministry of Justice, Draft Proposal to Amend the Code of Criminal Procedure
- Notes and Questions
- Weigend, The Decay of the Inquisitorial Ideal
- Practice of Plea Bargaining in Germany
- Participants
- Timing
- Subject Matter
- Waiving Rights
- Ad Hoc Plea Bargaining
- Cooperation Agreements
- Notes and Questions
- Evaluating the German Plea Bargaining Regime
- Turner, Judicial Participation in Plea Negotiations
- Notes and Questions
- Dubber, American Plea Bargains, German Lay Judges, and the Crisis of Criminal Procedure
- Weigend, The Decay of the Inquisitorial Ideal
- Notes and Questions
- Comparing Plea Bargaining in the United States and Germany
- Hypotheticals
- Plea Bargaining in a Drug Trafficking Case in Germany
- Notes and Questions
- Plea Bargaining in a Homicide Case in Germany
- Notes and Questions
- Chapter 3. Introducing Plea Bargaining as Part of Comprehensive Legal Reform: Russia and Bulgaria
- Introduction
- Russia
- History of Plea Bargaining in Russia
- Law and Practice of Plea Bargaining in Russia
- Reception of Plea Bargaining in Russia
- Notes and Questions
- Bulgaria
- History of Plea Bargaining in Bulgaria
- Law and Practice of Plea Bargaining in Bulgaria
- Reception of Plea Bargaining in Bulgaria
- Notes and Questions
- Diffusion of Plea Bargaining in Eastern Europe
- Notes and Questions
- Comparing Plea Bargaining in Bulgaria and Russia
- Hypotheticals
- Plea Bargaining in a Drug Case in Bulgaria
- Notes and Questions
- Plea Bargaining in a Homicide Case in Bulgaria
- Notes and Questions
- Chapter 4. Alternatives to Plea Bargaining: China and Japan
- Introduction
- Alternatives to Plea Bargaining in Japan
- The Demand for More Efficient Process in Japan
- Conflict Between Plea Bargaining and Japanese Criminal Procedure
- Enomoto v. Japan
- Notes and Questions
- Alternatives to Plea Bargaining in Japan
- Discretionary Prosecution
- Surnmary Proceedings
- Pretrial Arrangement Procedure
- Speedy Trial Procedure
- Confession and Cooperation with the Court
- Evaluation of the Japanese Alternatives to Plea Bargaining
- Notes and Questions
- Japan as a Counter-Example to the Global Spread of Plea Bargaining
- Alternatives to Plea Bargaining in China
- Notes and Questions
- Alternatives to Plea Bargaining in China and Japan
- Hypotheticals
- Alternatives to Plea Bargaining in a Drug Case in Japan
- Notes and Questions
- Alternatives to Plea Bargaining in a Homicide Case in Japan
- Notes and Questions
- Chapter 5. Plea Bargaining at International Criminal Courts
- Introduction
- History of Plea Bargaining at International Criminal Courts
- Law Related to Plea Bargaining at International Criminal Courts
- Prosecutor v. Erdemović
- Notes and Questions
- ICTY Rules of Procedure and Evidence
- ICTR Rules of Procedure and Evidence
- Rome Statute of the International Criminal Court
- ICC Rules of Procedure and Evidence
- Notes and Questions
- Practice of Plea Bargaining at International Criminal Courts
- Participants
- Timing
- Subject Matter
- Cooperation Agreements
- Notes and Questions
- Conditions for Validity of a Guilty Plea
- Voluntariness and Knowledge
- Lack of Equivocation and Factual Basis
- Withdrawal of a Guilty Plea and Breach of a Plea Agreement
- Arguments For and Against Plea Bargaining at International Criminal Courts
- Prosecutor v. Momir Nikolić
- Notes and Questions
- Prosecutor v. Deronjić
- Notes and Questions
- Plea Bargaining in International Crimes Cases at "Hybrid" Courts
- Notes and Questions
- The Future of Plea Bargaining in International Crimes Cases
- Dama¿ka, Negotiated Justice in International Criminal Courts
- Notes and Questions
- Comparing Plea Bargaining at the International Criminal Courts
- Hypotheticals
- Guilty Plea, Remorse, and Cooperation in a Genocide Case at the ICTR
- Notes and Questions
- Guilty Plea in a War Crimes/Crimes Against Humanity Case at the ICTY
- Notes and Questions
- Conclusion The Global Future of Plea Bargaining
- Index
