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Courts and Criminal Procedure

De Gruyter (Verlag)
Erschienen am 1. Januar 1992
Buch
Hardcover
X, 558 Seiten
978-3-598-41410-7 (ISBN)
159,95 €inkl. 7% MwSt.
Unverb. Ladenpreis
Vom Verlag/Hersteller zurückgezogen
While the basic organization of criminal courts is mandated by law, and therefore usually easy to discover, the daily working of such courts is much more obscure. Two major issues have informed the research on criminal courts and their procedures, one concerned with issues of justice in a slave society and the other with the anomaly of plea bargaining. Slavery rested on the legal definition of humans as movable property. Thus, how then could such property commit crimes, for a long common law tradition requires that the offender be responsible for the meaning of his or her actions. Plea bargaining seems to be an urgent problem, and the historical background helps us in understanding it. The articles included here show the emergence of the plea bargain in the late 19th century, and in so doing, make clear that the previous system indeed used criminal trials, but they were so perfunctory that they did not really represent a more considered treatment than that in the system of pleas which has supplanted trials. Past procedures may not have represented the ideal in practice.
 
While the basic organization of criminal courts is mandated by law, and therefore usually easy to discover, the daily working of such courts is much more obscure. Two major issues have informed the research on criminal courts and their procedures, one concerned with issues of justice in a slave society and the other with the anomaly of plea bargaining. Slavery rested on the legal definition of humans as movable property. Thus, how then could such property commit crimes, for a long common law tradition requires that the offender be responsible for the meaning of his or her actions. Plea bargaining seems to be an urgent problem, and the historical background helps us in understanding it. The articles included here show the emergence of the plea bargain in the late 19th century, and in so doing, make clear that the previous system indeed used criminal trials, but they were so perfunctory that they did not really represent a more considered treatment than that in the system of pleas which has supplanted trials. Past procedures may not have represented the ideal in practice.