NCJ Number
37217
Date Published
1976
Length
167 pages
Annotation
THIS BOOK EXAMINES SOME OF THE CLAIMS TO KNOWLEDGE ABOUT NEGOTIATED JUSTICE AND THE LIMITATIONS OF THESE CLAIMS, AND PRESENTS AN EXPANDED AND COMPLEMENTARY PERSPECTIVE ON THE DYNAMICS AND BOUNDARIES OF NONTRIAL ADJUDICATION.
Abstract
THE TYPES OF NEGOTIATED JUSTICE DISCUSSED ARE OFFENDER KICKBACKS OF STOLEN OR ILLICIT GOODS TO AUTHORITIES IN EXCHANGE FOR CONCESSIONS, POLICE AND PROSECUTOR DEALS FOR INFORMATION ON CRIMINALS AND CRIMINAL ACTIVITIES, NEGOTIATED GUILTY PLEAS, AND NEGOTIATIONS FOR RELEASE ON BAIL. THROUGHOUT THIS ANALYSIS, NEGOTIATED JUSTICE IS VIEWED AS AN EXCHANGE TRANSACTION IN WHICH BOTH OFFENDERS AND OFFICIALS HAVE SOURCES OF POWER. ALSO CONSIDERED, HOWEVER, ARE OFFENDERS' PERCEPTIONS OF THE TACTICS USED BY OFFICIALS TO INDUCE THEM TO PLEAD GUILTY TO AN OFFENSE WHEN THEY ARE WITHOUT THE POWER TO NEGOTIATE EFFECTIVELY AND MIGHT OTHERWISE BE INCLINED TO TAKE THEIR CHANCES ON THE OUTCOME OF A TRIAL. APPENDED MATERIALS INCLUDE A REPORT ON AN EXPLORATORY/DESCRIPTIVE STUDY OF INMATE EXPERIENCES WITH AND INTERPRETATIONS OF THE BARGAINING PROCESS, A GLOSSARY OF BARGAINING TERMS, AND A NINE PAGE LIST OF REFERENCES.