Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as plea bargaining, negotiated guilty pleas and negotiated resolutions are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect justice outcome gives way to the good, or just the reasonably acceptable justice outcome.

Investigates the frequency, nature and effects of the common practice of 'plea bargaining' Draws on criminal case files and interviews with 'legal stakeholders' (defence practitioners, prosecutors and judicial officers) Offers new insights on gendered aspects of 'negotiated guilty pleas' Locates itself within the broad international plea negotiation literature

Autorentext
Asher Flynn is Professor of Criminology at Monash University, Australia, and Chief Investigator of the ARC Centre of Excellence for the Elimination of Violence Against Women. She is an internationally recognised and award-winning researcher in policy and prevention concerning gendered, sexual and technology-facilitated violence. Elena Cama is Research Fellow at the Centre for Social Research Health at the University of New South Wales, Australia. Her research focuses on experiences, impacts, and responses to marginalisation, discrimination, and violence. Adrian J. Scott is Reader (Associate Professor) in Psychology at Goldsmiths, University of London, UK. He is an expert on the psychology of sexual aggression, stalking and image-based sexual abuse.

Inhalt

1. Introduction.- 2. Plea Negotiations in Context.- 3. Defining Plea Negotiations.- 4. Other Forms of Negotiations.- 5. The Negotiation Process.- 6. Negotiation Outcomes.- 7. Plea Negotiations and Sentencing.- 8.n Pragmatic Justice: At Any Cost?.- 9. Building Trust and Confidence in the Criminal Justice System.- 10. Concluding Comments.