Coercion to compromise : plea bargaining, the courts and the making of political authority
Author(s)
Bibliographic Information
Coercion to compromise : plea bargaining, the courts and the making of political authority
（Oxford socio-legal studies）
Oxford University Press, c2007
- : pbk
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Note
Includes bibliographical references (p. [369]-403) and index
http://www.loc.gov/catdir/enhancements/fy0639/00022944-d.html
Description and Table of Contents
- Volume
-
ISBN 9780195101744
Description
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.
Table of Contents
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
- Volume
-
: pbk ISBN 9780195101751
Description
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.
Table of Contents
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
by "Nielsen BookData"
