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CONVICTION - THE DETERMINATION OF GUILT OR INNOCENCE WITHOUT TRIAL

NCJ Number
30618
Author(s)
D J NEWMAN
Editor(s)
F J REMINGTON
Date Published
1966
Length
286 pages
Annotation
DESCRIPTION OF THE NONTRIAL ADJUDICATION PRACTICES - THE GUILTY PLEA AND THE ACQUITTAL OF THE GUILTY - IN KANSAS, MICHIGAN, AND WISCONSIN.
Abstract
DISCUSSED ARE THE GUILTY PLEA PROCESS, INCLUDING PLEA BARGAINING, TRIAL JUDGE DISCRETION IN ACQUITTING OR IN REDUCING CHARGES AGAINST DEFENDANTS, TRIAL JUDGE USE OF HIS ACQUITTAL POWER, TO CONTROL OTHER PARTS OF THE CRIMINAL JUSTICE SYSTEM, AND THE ROLE OF THE DEFENSE COUNSEL, PARTICULARLY IN PLEA BARGAINING. THE AUTHOR ARGUES THAT ALL THESE PROCESSES ARE CHARACTERIZED BY INFORMALITY AND WIDE VARIATION IN PRACTICES AND SUGGESTS THAT MORE ATTENTION BE GIVEN IN RESEARCH AND BY FORMAL LAWMAKING AGENCIES TO THESE INFORMAL PROCESSES BECAUSE OF THEIR SIGNIFICANT USE IN THE CRIMINAL JUSTICE SYSTEM.

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