Coercion to compromise : plea bargaining, the courts and the making of political authority

著者

    • Vogel, Mary E.

書誌事項

Coercion to compromise : plea bargaining, the courts and the making of political authority

Mary E. Vogel

（Oxford socio-legal studies）

Oxford University Press, c2007

  • : pbk

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注記

Includes bibliographical references (p. [369]-403) and index

http://www.loc.gov/catdir/enhancements/fy0639/00022944-d.html

内容説明・目次

巻冊次

ISBN 9780195101744

内容説明

This book examines the origins of the controversial practice of plea bargaining, a procedure that appears to reward the guilty. Contrary to popular perception of plea bargaining as an innovation or corruption of the post-World War II years, this study shows that the practice emerged early in the American Republic. It argues that plea bargaining should be seen as part of a larger repertoire of techniques in the Anglo-American legal tradition through which law might be used as a vehicle of rule.

目次

1: Plea Bargaining: A Distinctly American Practice 2: Liberty and the Republican Citizen: Rise of the Rule of Law 3: Social Order and the Law: Marxian and Weberian Views 4: Contours of Bargaining: Patterns of Plea and Confession 5: Episodic Leniency in Britain and America 6: The Emergence of Plea Bargaining Notes Bibliography Index
巻冊次

: pbk ISBN 9780195101751

内容説明

This book examines the origins of the controversial practice of plea bargaining, a procedure that appears to reward the guilty. Contrary to popular perception of plea bargainingas as an innovation or corruption of the post-World War II years, this study shows the practice to have emerged early in the American Republic. Vogel argues that plea bargaining arose in the 1830's as part of a process of political stabilization and an effort to legitimate the democratic institutions of self-rule that were crucial to Whig efforts to reconsolidate the political power of Boston's social and economic elite. At this time local political institutions were spare and fragmentary, and the courts, she argues, stepped forward as agents of the state to promote social order. Plea bargaining drew conflicts into the courts while maintaining elite discretion over sentencing policy. She argues that plea bargaining should be seen as part of a larger repertoire of techniques in the Anglo-American legal tradition through which law might be used as a vehicle of rule. In this context, plea bargaining provided a unique match between the needs of elites to maximize flexibility in criminal sanction and an emerging liberal ideology.

目次

1: Plea Bargaining: A Distinctly American Practice 2: Liberty and the Republican Citizen: Rise of the Rule of Law 3: Social Order and the Law: Marxian and Weberian Views 4: Contours of Bargaining: Patterns of Plea and Confession 5: Episodic Leniency in Britain and America 6: The Emergence of Plea Bargaining Notes Bibliography Index

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