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Plea Bargaining in National and International Law: A Comparative Study

Plea Bargaining in National and International Law: A Comparative Study


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About the Book

Plea bargaining avoids a lengthy and costly criminal trial and thus enables courts to deal with a large number of cases very quickly. While it has often been argued that modern criminal justice systems cannot afford to abolish plea bargaining, academics long have criticised it for undermining the rule of law by avoiding procedural safe-guards. This book analyses plea bargain in different families of law, and drawing on these findings ask to what extent this practice should be developed in international criminal law. The book analyses the relationship between values and practice in modern criminal justice systems through the example of plea bargaining comparing the development and practice of plea bargaining in different systems. The book sets out in-depth studies of consensual case dispositions in the UK, setting out how plea bargaining has developed and spread in England and Wales. It discusses in detail the problems that this practice poses for the rule of law as well as well as the principles of adversarial litigation. The book considers plea-bargaining in the USA as well as in the civil law German justice system. The book also draws on empirical research looking at the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. The book then goes on to look at international criminal law and examine the use of informal negotiations in the International Criminal Tribunal for former Yugoslavia and the International Criminal Tribunal for Rwanda and the possible use in future cases of the International Criminal Court.

Table of Contents:

1. Introduction 2. Development and the Impact of Plea Bargaining in the English Criminal Justice System 3. Informal Settlements in Germany 4. Socialist and Liberal Criminal Justice 5. The Absense of Informal Negotiations in the Former GDR 6. Plea Bargaining in the International Criminal Court 7. The Informality of Informal Procedures



About the Author :
Regina Rauxloh is a Lecturer at the University of Surrey, UK.

Review :

Rauxloh's book makes a contribution to the larger literature on plea bargaining in that it provides a comparative view of this practice. This book is useful for scholars and students interested in these issues because it offers a perspective on how bargaining justice is carried out in countries other than the United States, but especially because of its exploration of the significance of plea bargaining in the context of seeking international criminal justice.

- Yue Ma for Criminal Law and Criminal Justice Books, May 2014


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Product Details
  • ISBN-13: 9780415597869
  • Publisher: Taylor & Francis Ltd
  • Publisher Imprint: Routledge
  • Height: 234 mm
  • No of Pages: 296
  • Weight: 643 gr
  • ISBN-10: 0415597862
  • Publisher Date: 12 Jun 2012
  • Binding: Hardback
  • Language: English
  • Sub Title: A Comparative Study
  • Width: 156 mm


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Plea Bargaining in National and International Law: A Comparative Study
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