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Palgrave Socio-Legal Studies
cover

Plea Negotiations

Pragmatic Justice in an Imperfect World

Authors: Flynn, Asher, Freiberg, Arie

  • Investigates the frequency, nature and effects of the common practice of ‘plea bargaining’
  • Draws on criminal case files and interviews with ‘legal stakeholders’ (defence practitioners, prosecutors and judicial officers) 
  • Offers new insights on gendered aspects of 'negotiated guilty pleas'
  • Locates itself within the broad international plea negotiation literature 
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eBook $59.99
$79.99 (listprice)
price for USA in USD (gross)
valid through December 31, 2019
  • ISBN 978-3-319-92630-8
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $79.99
$99.99 (listprice)
price for USA in USD
valid through December 31, 2019
  • ISBN 978-3-319-92629-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $79.99
$99.99 (listprice)
price for USA in USD
valid through December 31, 2019
  • ISBN 978-3-030-06475-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as “plea bargaining”, “negotiated guilty pleas” and “negotiated resolutions” are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect “justice” outcome gives way to the good, or just the reasonably acceptable justice outcome. 


About the authors

Asher Flynn is a Senior Lecturer in Criminology and Director of the Social and Political Graduate Research Program at Monash University, a Go8 institution. Asher has published widely on plea negotiations, image-based sexual abuse, sexual violence and access to justice. Asher is CI on an Australian Research Council Discovery Project and recently completed two Australian Criminology Research Council-funded projects. 

Arie Freiberg is an Emeritus Professor at Monash University. He was Dean of the Faculty Law at Monash University between 2004 and 2012. Before this, he was Dean of the Faculty of Arts at the University of Melbourne in 2003. He is the Chair of the Victorian and Tasmanian Sentencing Advisory Councils. His particular areas of expertise are sentencing, non-adversarial justice and regulation and has over 150 publications in these fields.

Table of contents (10 chapters)

Table of contents (10 chapters)
  • Introduction

    Pages 1-16

    Flynn, Asher (et al.)

  • Plea Negotiations in Context

    Pages 17-36

    Flynn, Asher (et al.)

  • Defining Plea Negotiations

    Pages 37-67

    Flynn, Asher (et al.)

  • Other Forms of Negotiations

    Pages 69-86

    Flynn, Asher (et al.)

  • The Negotiation Process

    Pages 87-130

    Flynn, Asher (et al.)

Buy this book

eBook $59.99
$79.99 (listprice)
price for USA in USD (gross)
valid through December 31, 2019
  • ISBN 978-3-319-92630-8
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $79.99
$99.99 (listprice)
price for USA in USD
valid through December 31, 2019
  • ISBN 978-3-319-92629-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $79.99
$99.99 (listprice)
price for USA in USD
valid through December 31, 2019
  • ISBN 978-3-030-06475-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Plea Negotiations
Book Subtitle
Pragmatic Justice in an Imperfect World
Authors
Series Title
Palgrave Socio-Legal Studies
Copyright
2018
Publisher
Palgrave Macmillan
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-3-319-92630-8
DOI
10.1007/978-3-319-92630-8
Hardcover ISBN
978-3-319-92629-2
Softcover ISBN
978-3-030-06475-4
Edition Number
1
Number of Pages
XVII, 277
Number of Illustrations
18 illustrations in colour
Topics