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Articles 91 - 97 of 97
Full-Text Articles in Law
Beyond The Courtroom: A Comparative Analysis Of Misdemeanor Sentencing, Us Department Of Justice, Anthony J. Ragona, John Paul Ryan
Beyond The Courtroom: A Comparative Analysis Of Misdemeanor Sentencing, Us Department Of Justice, Anthony J. Ragona, John Paul Ryan
National Institute of Justice Office of Justice Programs
Misdemeanor courts have been infrequently studied, despite their central importance in law enforcement and social control. More than 9096 of all criminal cases are heard by misdemeanor courts, thereby providing most of the general public with its only view of the criminal process. Our study of four misdemeanor courts--Austin, Texas; Columbus, Ohio; Mankato, Minnesota; and Tacoma, Washington--is an attempt to compare the sentences imposed, the processes leading to sentencing, and the influence of the local political and economic environments surrounding the four courts. An eclectic methodological approach was utilized, including collection of data from random samples of individual defendant case …
Meaningful Reform Of Plea Bargaining: The Control Of Prosecutorial Discretion, Donald G. Gifford
Meaningful Reform Of Plea Bargaining: The Control Of Prosecutorial Discretion, Donald G. Gifford
Faculty Scholarship
No abstract provided.
The Sentence Bargaining Of Upperworld And Underworld Crime In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan
The Sentence Bargaining Of Upperworld And Underworld Crime In Ten Federal District Courts, Ilene Nagel Bernstein, John Hagan
Articles by Maurer Faculty
This paper explores the use of different types of sentence bargaining tactics in ten federal district courts. We distinguish between proactive and reactive prosecutorial orientation, and hypothesize that proactive prosecution of upperworld crime is associated with more explicit sentence bargaining than is the reactive prosecution of underworld crime. We present evidence for and explanations of this relationship.
Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross
Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross
Journal Articles
In Bordenkircher v. Hayes, the United States Supreme Court upheld a conviction on a charge the prosecutor admittedly filed solely because the defendant refused to plead guilty to another set of charges. Hayes is a sudden departure from a line of cases in which the Court refused to allow prosecutorial charging decisions to be made to discourage a criminal defendant from exercising constitutional or procedural rights. The decision effectively removes plea bargaining from its constitutional premise: the "mutuality of advantage" between the prosecutor and the defendant. Rather than approving the broad exercise of prosecutorial discretion in plea negotiations, the …
Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi
Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi
Publications
No abstract provided.
Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz
Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz
Articles by Maurer Faculty
The interactionist perspective emphasizes the imperfect correspondence between alleged deviance and societal reactions. Moreover, it is asserted that values of reactors, statuses of the alleged deviant, and bureaucratic constraints of deviance processing organizations help explain some of that imperfection. Focusing on one intermediary deviance processing stage, i.e., plea bargaining, we explore the degree to which our data are consonant with interactionist assumptions. For a sample of 1,435 male and female criminal defendants, we find the favorability of the charge reduction outcome is partly explained by values of reactors, statuses of the defendant, and bureaucratic constraints of the court. Thus, our …
Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
This article provides a survey of Kentucky legal developments in the area of criminal procedure. The Kentucky Court of Appeals has had an especially active year in the criminal procedure area. Since the nature of this article does not permit extended commentary on all of the Court's decisions, discussion will be limited to the more significant cases, which deal with automobile inventory searches, waiver of constitutional rights, and plea bargaining.