Book ChapterDOI
Torture and Plea Bargaining
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In this article, the authors compare the modern American system of plea bargaining with the medieval European law of torture and suggest that these parallels expose some important truths about how criminal justice systems respond when their trial procedures fall into deep disorder.Abstract:
In this essay I shall address the modern American system of plea bargaining from a perspective that must appear bizarre, although I hope to persuade you that it is illuminating. I am going to contrast plea bargaining with the medieval European law of torture. My thesis is that there are remarkable parallels in origin, in function, and even in specific points of doctrine, between the law of torture and the law of plea bargaining. I shall suggest that these parallels expose some important truths about how criminal justice systems respond when their trial procedures fall into deep disorder.read more
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Book ChapterDOI
Liberalism, torture, and the ticking bomb
TL;DR: Greenberg as discussed by the authors discusses the philosophical core of this book's analysis of torture and its critique of discussing torture through ticking-bomb hypotheticals, and discusses the issue of non-accountability.
La négociation en matière pénale
TL;DR: For instance, the authors define negociation en matiere penale as a processus de negociation in which lelegislateur ne peut plus faire l'economie.
Journal ArticleDOI
The availability of law
Susan S. Silbey,Egon Bittner +1 more
TL;DR: In this article, the authors explore the practical skills that agents in the Massachusetts Attorney General's Office of Consumer Protection develop to accomplish their mandated objectives and demonstrate the skill with which consumer protection officials exercise this discretion and argue that an adequate conception of the role of law ought to take account of the different ways in which law enforcement agents draw from this reservoir of unenforced law.
Journal ArticleDOI
In defense of criminal defense expenditures and plea bargaining
Bruce H. Kobayashi,John R. Lott +1 more
TL;DR: This paper showed that disparities in criminal defense expenditures can insure that it is the guilty and not the innocent who will be punished at trial, and that differential risk aversion can ensure that plea bargaining efficiently screens defendants.
Journal ArticleDOI
Where the state kills in secret: Capital punishment in Japan
TL;DR: The secrecy that surrounds capital punishment in Japan is taken to extremes not seen in other nations as discussed by the authors, and the Japanese state's policy of secrecy is described in detail in this article.