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    Is Criminals, Officials, 97 "Combat" Theory Involving or at Least Unconditional Sense, But That

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    Shubham Sambhav
    This document discusses several articles related to plea bargaining. It summarizes that one article found that 93.8% of convictions were the result of a guilty plea rather than a trial, and 38.1% of defendants originally pled not guilty but later changed their plea. Another article discusses how plea bargaining has been used by criminals, officials, and business elites to avoid conviction. A third article discusses how the goals of punishment changed in the 19th century from deterrence based on offense to a philosophy of individualized sanctions seeking rehabilitation of the offender, resulting in new procedures like determinate sentences and presentence investigations.

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    Is Criminals, Officials, 97 "Combat" Theory Involving or at Least Unconditional Sense, But That

    Uploaded by

    Shubham Sambhav
    23 views1 page
    This document discusses several articles related to plea bargaining. It summarizes that one article found that 93.8% of convictions were the result of a guilty plea rather than a trial, and 38.1% of defendants originally pled not guilty but later changed their plea. Another article discusses how plea bargaining has been used by criminals, officials, and business elites to avoid conviction. A third article discusses how the goals of punishment changed in the 19th century from deterrence based on offense to a philosophy of individualized sanctions seeking rehabilitation of the offender, resulting in new procedures like determinate sentences and presentence investigations.

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    plea bargaining

    Original Title

    Penology Abstract

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    This document discusses several articles related to plea bargaining. It summarizes that one article found that 93.8% of convictions were the result of a guilty plea rather than a trial, and 38.1% of defendants originally pled not guilty but later changed their plea. Another article discusses how plea bargaining has been used by criminals, officials, and business elites to avoid conviction. A third article discusses how the goals of punishment changed in the 19th century from deterrence based on offense to a philosophy of individualized sanctions seeking rehabilitation of the offender, resulting in new procedures like determinate sentences and presentence investigations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views1 page

    Is Criminals, Officials, 97 "Combat" Theory Involving or at Least Unconditional Sense, But That

    Uploaded by

    Shubham Sambhav
    This document discusses several articles related to plea bargaining. It summarizes that one article found that 93.8% of convictions were the result of a guilty plea rather than a trial, and 38.1% of defendants originally pled not guilty but later changed their plea. Another article discusses how plea bargaining has been used by criminals, officials, and business elites to avoid conviction. A third article discusses how the goals of punishment changed in the 19th century from deterrence based on offense to a philosophy of individualized sanctions seeking rehabilitation of the offender, resulting in new procedures like determinate sentences and presentence investigations.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    One of the primary goals of this project was to find ways in which the court system could

    operate more efficiently. Reading plea bargaining material from various perspectives gives a
    good insight into how plea bargaining began. The review also shows the different areas that
    plea bargaining was used for and shows how plea bargaining affected criminal justice
    courtroom workgroups. The analysis covers articles and books which examine the
    perspectives of the prosecutor, judge, public defender, police, and the defendant. Several of
    the articles reviewed served as comparative material about plea bargaining procedures used
    in the United States. In fact, as Baldwin & McConville and Felstiner have found, plea
    bargaining occurs in other countries other than the United States. Although the practice may
    have another name, plea bargaining nonetheless occurs.

    One of the major problems faced by social scientists in studying criminal behavior involved
    obtaining samples of offenders to be used as units of research. Ordinarily, such samples are
    drawn from those who have already been convicted and who are or have been previously
    incarcerated. Such samples usually arise because it is difficult to study those who have not
    yet been caught, charged, and convicted.

    Newman's article discusses plea bargaining as a gross misuse of justice which is used by
    criminals, political officials, and the business elite to avoid a conviction. In his study, Newman
    interviewed a sample of men who were all convicted of "conventional" felonies in one court
    district in regard to the process involved in their own convictions. These 97 men came from
    a "medium" size county where felony convictions would normally follow a quasi-automatic
    "combat" theory of criminal

    justice involving a jury trial or at least an unconditional plea of guilty. In studying these
    convictions, 93.8 percent were not convictions in a combative, trial-by-jury sense, but
    merely involved sentencing after a plea of guilty had been entered. It is important to note
    that 38.1 percent of the men had originally entered a not guilty plea, changing to guilty only
    at a later procedural stage of an actual trial.

    According to Mather, criminal law in the early nineteenth century was based on the
    penology of Beccaria, Bentham, and other utilitarian philosophers. Because the primary goal
    of punishment was deterrence, sentences were to be determined according to the offense
    rather than the offender. By the end of the century, a "new penology" had emerged, based on
    a philosophy of individualized sanctions that sought to reform {later rehabilitate) the offender.
    In an effort to make the punishment fit the individual, a variety of new procedures were
    introduced, such as "determinate" sentences, prison classification systems,

    juvenile courts, different penalties for youthful offenders, and presentence investigations
    (Vasoli, 1965). Parole and probation also developed during this period.

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