Jury Trials and Plea Bargaining: A True History
This book is a study of the social transformation of criminal justice, its institutions, its method of case disposition and the source of its legitimacy. Focused upon the apprehension, investigation and adjudication of indicted cases in New York City's main trial tribunal in the nineteenth century-the Court of General Sessions-it traces the historical underpinnings of a lawyering culture which, in the first half of the 19th century, celebrated trial by jury as the fairest and most reliable method of case disposition and then at the middle of the century dramatically gave birth to plea bargaining, which thereafter became the dominant method of case disposition in the United States. The book demonstrates that the nature of criminal prosecutions in everyday indicted cases was transformed, from disputes between private parties resolved through a public determination of the facts and law to a private determination of the issues between the state and the individual, marked by greater police involvement in the processing of defendants and public prosecutorial discretion. As this occurred, the structural purpose of criminal courts changed-from individual to aggregate justice-as did the method and manner of their dispositions-from trials to guilty pleas.
What people are saying - Write a review
We haven't found any reviews in the usual places.
The Political Economy of Criminal Justice in the Mercantile Era
Crime Detection and Investigation in General Sessions Prosecutions 18001845
Preparation for Trial in the Mercantile Era
Litigation Practice at Trial 18001845 Prosecution and Defence
Adjudication by Trial 18001845 Judge and Jury
Adjudication by Guilty Plea
Sentencing in General Sessions
The MidCentury Political Economy of Justice and Transformation in Method of Case Disposition
Other editions - View all
accused alleged appeared arrested assault and battery Attorney became burglary caseload cent Chapter charge citizens City’s common law complainant constables contended conviction court courtroom actors crime criminal justice cross-examination dead bang defence counsel defence lawyers defendant defendant’s disposition District Attorney’s Files earlier period evidence and proof examination example Figure Grand Jury grand larceny guilty plea rate guilty plea system Illustration indictment involved James John judges jurors jury trials lesser included offences lesser pleas magistrate Mayor Minute Book nineteenth century nolle prosequi nominative reports o’clock occurred offence peremptory challenge person petit larceny plea bargaining pleaded guilty Police Justice Police Office political practice prisoner private prosecutor prosecution witnesses prosecution’s punishment question record Rogers role sample sentence Sessions Minute Book—Percentage Smith Special Justice State’s stealing stolen Street testimony theft Thirty Day Period tion told verdict watch Whilst William York City York City Hall