
Plea Barganing Across Borders: Criminal Procedure
by Turner, Jenia I.Rent Textbook
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Summary
Author Biography
Table of Contents
Acknowledgments | p. xv |
Introduction | p. 1 |
Traditions of Plea Bargaining: The United States | p. 7 |
Introduction | p. 7 |
History of Plea Bargaining in the United States | p. 8 |
Law Related to Plea Bargaining in the United States | p. 10 |
Brady v. United States | p. 10 |
Notes and Questions | p. 16 |
Santobello v. New York | p. 18 |
Notes and Questions | p. 21 |
Practice of Plea Bargaining in the United States | p. 22 |
Participants | p. 22 |
Notes and Questions | p. 24 |
Timing | p. 28 |
Subject Matter | p. 28 |
Cooperation Agreements | p. 30 |
Ad Hoc Plea Bargaining | p. 35 |
Waiving Rights | p. 35 |
Package Deals | p. 36 |
Notes and Questions | p. 36 |
Conditions for Validity of a Guilty Plea | p. 37 |
Voluntariness and Knowledge | p. 38 |
Factual Basis | p. 41 |
Notes and Questions | p. 42 |
Withdrawal of a Guilty Plea and Breach of a Plea Agreement | p. 44 |
Withdrawal | p. 44 |
Breach | p. 44 |
Notes and Questions | p. 49 |
Arguments for and Against Plea Bargaining in the United States | p. 50 |
Notes and Questions | p. 53 |
Hypotheticals | p. 62 |
Plea Bargaining in a Drug Trafficking Case in the United States | p. 63 |
Notes and Questions | p. 68 |
Plea Bargaining in a Homicide Case in the United States | p. 71 |
Notes and Questions | p. 71 |
Informal Bargaining: Germany | p. 73 |
Introduction | p. 73 |
History of Plea Bargaining in Germany | p. 74 |
Conflict Between Plea Bargaining and the Inquisitorial Tradition | p. 75 |
German Criminal Procedure Code | p. 78 |
Law Related to Plea Bargaining in Germany | p. 79 |
German Criminal Procedure Code | p. 80 |
German Federal Supreme Court Decision, March 3, 2005, GSSt 1/04 | p. 84 |
Notes and Questions | p. 97 |
Turner, Judicial Participation in Plea Negotiations | p. 98 |
Federal Ministry of Justice, Draft Proposal to Amend the Code of Criminal Procedure | p. 100 |
Notes and Questions | p. 101 |
Weigend, The Decay of the Inquisitorial Ideal | p. 102 |
Practice of Plea Bargaining in Germany | p. 104 |
Participants | p. 104 |
Timing | p. 105 |
Subject Matter | p. 105 |
Waiving Rights | p. 108 |
Ad Hoc Plea Bargaining | p. 109 |
Cooperation Agreements | p. 109 |
Notes and Questions | p. 112 |
Evaluating the German Plea Bargaining Regime | p. 113 |
Turner, Judicial Participation in Plea Negotiations | p. 113 |
Notes and Questions | p. 120 |
Dubber, American Plea Bargains, German Lay Judges, and the Crisis of Criminal Procedure | p. 121 |
Weigend, The Decay of the Inquisitorial Ideal | p. 122 |
Notes and Questions | p. 126 |
Comparing Plea Bargaining in the United States and Germany | p. 128 |
Hypotheticals | p. 130 |
Plea Bargaining in a Drug Trafficking Case in Germany | p. 130 |
Notes and Questions | p. 133 |
Plea Bargaining in a Homicide Case in Germany | p. 134 |
Notes and Questions | p. 136 |
Introducing Plea Bargaining as Part of Comprehensive Legal Reform: Russia and Bulgaria | p. 137 |
Introduction | p. 137 |
Russia | p. 141 |
History of Plea Bargaining in Russia | p. 141 |
Law and Practice of Plea Bargaining in Russia | p. 143 |
Reception of Plea Bargaining in Russia | p. 146 |
Notes and Questions | p. 147 |
Bulgaria | p. 149 |
History of Plea Bargaining in Bulgaria | p. 149 |
Law and Practice of Plea Bargaining in Bulgaria | p. 151 |
Reception of Plea Bargaining in Bulgaria | p. 156 |
Notes and Questions | p. 158 |
Diffusion of Plea Bargaining in Eastern Europe | p. 158 |
Notes and Questions | p. 161 |
Comparing Plea Bargaining in Bulgaria and Russia | p. 162 |
Hypotheticals | p. 164 |
Plea Bargaining in a Drug Case in Bulgaria | p. 164 |
Notes and Questions | p. 166 |
Plea Bargaining in a Homicide Case in Bulgaria | p. 166 |
Notes and Questions | p. 168 |
Alternatives to Plea Bargaining: China and Japan | p. 171 |
Introduction | p. 171 |
Alternatives to Plea Bargaining in Japan | p. 172 |
The Demand for More Efficient Process in Japan | p. 174 |
Conflict Between Plea Bargaining and Japanese Criminal Procedure | p. 178 |
Enomoto v. Japan | p. 182 |
Notes and Questions | p. 184 |
Alternatives to Plea Bargaining in Japan | p. 184 |
Discretionary Prosecution | p. 185 |
Surnmary Proceedings | p. 186 |
Pretrial Arrangement Procedure | p. 187 |
Speedy Trial Procedure | p. 188 |
Confession and Cooperation with the Court | p. 189 |
Evaluation of the Japanese Alternatives to Plea Bargaining | p. 191 |
Notes and Questions | p. 194 |
Japan as a Counter-Example to the Global Spread of Plea Bargaining | p. 195 |
Alternatives to Plea Bargaining in China | p. 198 |
Notes and Questions | p. 203 |
Alternatives to Plea Bargaining in China and Japan | p. 205 |
Hypotheticals | p. 207 |
Alternatives to Plea Bargaining in a Drug Case in Japan | p. 207 |
Notes and Questions | p. 207 |
Alternatives to Plea Bargaining in a Homicide Case in Japan | p. 210 |
Notes and Questions | p. 211 |
Plea Bargaining at International Criminal Courts | p. 213 |
Introduction | p. 213 |
History of Plea Bargaining at International Criminal Courts | p. 214 |
Law Related to Plea Bargaining at International Criminal Courts | p. 217 |
Prosecutor v. Erdemović | p. 219 |
Notes and Questions | p. 229 |
ICTY Rules of Procedure and Evidence | p. 230 |
ICTR Rules of Procedure and Evidence | p. 231 |
Rome Statute of the International Criminal Court | p. 232 |
ICC Rules of Procedure and Evidence | p. 233 |
Notes and Questions | p. 234 |
Practice of Plea Bargaining at International Criminal Courts | p. 234 |
Participants | p. 234 |
Timing | p. 236 |
Subject Matter | p. 236 |
Cooperation Agreements | p. 238 |
Notes and Questions | p. 239 |
Conditions for Validity of a Guilty Plea | p. 240 |
Voluntariness and Knowledge | p. 240 |
Lack of Equivocation and Factual Basis | p. 242 |
Withdrawal of a Guilty Plea and Breach of a Plea Agreement | p. 242 |
Arguments For and Against Plea Bargaining at International Criminal Courts | p. 244 |
Prosecutor v. Momir Nikolić | p. 246 |
Notes and Questions | p. 251 |
Prosecutor v. Deronjić | p. 252 |
Notes and Questions | p. 258 |
Plea Bargaining in International Crimes Cases at "Hybrid" Courts | p. 259 |
Notes and Questions | p. 261 |
The Future of Plea Bargaining in International Crimes Cases | p. 262 |
Dama¿ka, Negotiated Justice in International Criminal Courts | p. 263 |
Notes and Questions | p. 264 |
Comparing Plea Bargaining at the International Criminal Courts | p. 265 |
Hypotheticals | p. 266 |
Guilty Plea, Remorse, and Cooperation in a Genocide Case at the ICTR | p. 266 |
Notes and Questions | p. 268 |
Guilty Plea in a War Crimes/Crimes Against Humanity Case at the ICTY | p. 268 |
Notes and Questions | p. 269 |
Conclusion The Global Future of Plea Bargaining | p. 271 |
Index | p. 277 |
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