Betrayal of Due Process: A Comparative Assessment of Plea Bargaining in the United States and Canada

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University Press of America, 1998 - Law - 200 pages
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Betrayal of Due Process is a landmark study of the criminal justice systems of two common-law nations, the United States and Canada. By focusing on plea bargaining, which is one of the most dominant practices in the criminal justice system of both countries, Nasheri makes a historical comparison of guilty plea practices and ideologies. She draws on historical, criminological, sociological, and political perspectives to construct her argument. Because plea bargaining is a crucial part of the criminal justice system yet has received little scholarly attention, this much-needed book fills a wide gap in legal scholarship.
 

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Contents

INTRODUCTION
1
A POINT OF REFERENCE
3
THE Focus OF THIS BOOK
6
RESEARCH METHODOLOGY
8
THE WELLESTABLISHED AND WELLACCEPTED PRACTICE IN THE UNITED STATES
11
THE ROLE OF THE DEFENSE ATTORNEY OR PUBLIC DEFENDER
12
THE ROLE OF THE JUDGE
13
RULES AND REGULATIONS GOVERNING PLEA BARGAINING
14
COURTS CONTINUED DISFAVOR IN THE EARLY 1900s
87
THE EARLY PERIOD OF PLEA BARGAINING IN CANADA
91
DISFAVOR OF THE COURTS ON THE GUILTY PLEAS
92
HISTORICAL DIFFERENCES BETWEEN UNITED STATES AND CANADA
93
PLEA BARGAINING IN THE UNITED STATES AFTER 1920
99
THE CLEVELAND FOUNDATION SURVEY
101
THE CLEVELAND ASSOCIATION FOR CRIMINAL JUSTICE
107
PRELIMINARY HEARINGS IN MUNICIPAL COURT
108

JUDICIAL PRONOUNCEMENTS ON PLEA BARGAINING
19
THE CONTRACT ANALOGY
22
JUSTIFICATION FOR AND CRITICISMS OF PLEA BARGAINING
24
VIEWS AND OBSERVATIONS ON THE ROLE OF THE PROSECUTOR
26
VIEWS AND OBSERVATIONS ON THE ROLE OF DEFENSE ATTORNEY
29
VIEWS AND OBSERVATIONS ON THE ROLE OF THE PUBLIC DEFENDER
31
VIEWS AND OBSERVATIONS ON THE ROLE OF THE JUDGE
34
THE WELLESTABLISHED BUT LESS ACCEPTED PRACTICE IN CANADA
47
THE ROLES OF THE ACTORS
48
THE ROLE OF THE DEFENSE ATTORNEY AND THE
49
THE ROLE OF THE JUDGE
50
RULES AND REGULATIONS GOVERNING PLEA BARGAINING
52
PLEA BARGAINING RULES AND PROCEDURES AS SEEN IN CASE LAW
58
HYBRID JUDICIAL PLEA BARGAINING
64
JUSTIFICATION AND CRITICISMS OF PLEA BARGAINING
66
VIEWS AND OBSERVATIONS ON THE ROLE OF THE CROWN
69
VIEWS AND OBSERVATIONS ON THE ROLE OF THE DEFENSE ATTORNEY
72
THE ORIGINS OF PLEA BARGAINING IN THE UNITED STATES
79
REASONS FOR THE DEVELOPMENT OF PLEA BARGAINING
81
DISFAVOR OF THE COURTS IN THE 1800s
83
THE EMERGENCE OF A NEW PHILOSOPHY
85
THE REORGANIZING OF THE MUNICIPAL COURT BOND SYSTEM
110
THE CRIMINAL JUSTICE SYSTEM ELSEWHERE
112
RELATED JUDICIAL PRONOUNCEMENTS
114
PLEA BARGAINING IN CANADA AFTER 1920
121
DEVELOPMENT OF CRIMINAL LAW
122
FEWER FLAWS AND MORE FREQUENT PREVENTATIVE MEASURES
124
THE 1953 FAUTEAUX COMMISSION ON PENAL REFORM
126
THE 1956 YORK COUNTY COURT TRIAL COMMITTEE
127
REMEDIAL AND PREVENTIVE MEASURES BY THE PROFESSION
128
THE COURTS LACK OF CLEAR APPROVAL OF PLEA BARGAINING
129
CONCLUSION
137
APPENDICES
145
ONTARIO ATTORNEY GENERALS MEMORANDUM
159
CANADIAN BAR ASSOCIATION CODE OF PROFESSIONAL CONDUCT
163
REPORT OF THE CANADIAN CRIMINOLOGY AND CORRECTIONS ASSOCIATION
165
ONTARIO MINISTRY OF THE ATTORNEY GENERAL MEMORANDUM
167
CLEVELAND MUNICIPAL COURT CASES 191920 DISPOSITION OF CASES CLASSIFIED BY CHARGES
169
TABLE OF CASES
177
BIBLIOGRAPHY
181
INDEX
195
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About the author (1998)

Hedieh Nasheri is Associate Professor of Justice Studies at Kent State University.

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