Betrayal of due process : a comparative assessment of plea bargaining in the United States and Canada / Hedieh Nasheri.
1998
KDZ972 .N34 1998 (Map It)
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Details
Author
Title
Betrayal of due process : a comparative assessment of plea bargaining in the United States and Canada / Hedieh Nasheri.
Published
Lanham, Md. : University Press of America, [1998]
Copyright
©1998
Call Number
KDZ972 .N34 1998
ISBN
0761811087 (cloth : alk. paper)
0761811095 (pbk. : alk. paper)
0761811095 (pbk. : alk. paper)
Description
200 pages ; 23 cm
System Control No.
(OCoLC)38566251
Bibliography, etc. Note
Includes bibliographical references (pages [181]-193) and index.
Record Appears in
Table of Contents
Preface
Acknowledgment
1
Introduction
1
2
The Well-Established and Well-Accepted Practice in the United States
11
General Background: The Role Of The Actors
11
Rules And Regulations Governing Plea Bargaining
14
Justification for and Criticisms of Plea Bargaining
24
3
The Well-Established but Less Accepted Practice in Canada
47
General Background: The Roles Of The Actors
48
Canadian Charter Of Rights And Freedoms
50
Rules And Regulations Governing Plea Bargaining
52
Justification For And Criticisms Of Plea Bargaining
66
4
The Origins of Plea Bargaining in the United States
79
The Emergence Of Plea Bargaining
79
Reasons For The Development Of Plea Bargaining
81
Disfavor Of The Courts In The 1800s
83
The Emergence Of A New Philosophy
85
Courts' Continued Disfavor In The Early 1900s
87
5
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
6
Plea Bargaining in the United States After 1920
99
Flaws Of The Justice System Emerge
99
The Cleveland Foundation Survey
101
The Cleveland Association For Criminal Justice
107
The Criminal Justice Systems Elsewhere
112
Related Judicial Pronouncements
114
7
Plea Bargaining in Canada after 1920
121
Development of Criminal Law
122
Changes Between 1950 and 1970
122
Fewer Flaws and More Frequent Preventive Measures
124
The Courts' Lack Of Clear Approval Of Plea Bargaining
129
8
Conclusion
137
App. A
Canadian Court Cases
145
App. B
Ontario Attorney General's Memorandum
159
App. C
Canadian Bar Association Code of Professional Conduct
163
App. D
Report of the Canadian Criminology and Corrections Association
165
App. E
Ontario Ministry of the Attorney General Memorandum
167
App. F
Cleveland, Municipal Court Cases, 1919-20; Disposition of Cases Classified by Charges
169
App. G
Cuyahoga County Final Disposition of Forty One Trials in 1919
171
App. H
Cuyahoga County Comparison of Growth of Population, Number of Arrests, and Number of Prosecutors
175
Table of Cases
177
Bibliography
181
Index
195