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“Rip-roaring legal thriller...Twisty, bloody, and convincing.” —Ian Rankin An innocent client. A wife in jeopardy. Who will take The Plea? When billionaire David Child is arrested for the murder of his girlfriend, Clara, the FBI believes they can get him to testify and take down a huge money laundering scheme. Con-artist-turned-lawyer Eddie Flynn is given the job: persuade David to plead guilty and give the agents the evidence they need. If Eddie can’t get David to take a plea bargain, the FBI has incriminating files on Eddie’s wife – and will send her to jail. But David swears he didn’t murder anyone. The evidence overwhelmingly shows that David killed Clara: the security video showed no one else entering their apartment, the murder weapon was in his car, and he was covered in gunshot residue he can’t explain. Yet as the FBI pressures Eddie to secure the guilty plea, Eddie becomes increasingly convinced that David is telling the truth. With adversaries threatening, Eddie has to find a way to prove David’s innocence and find out if there’s any way he might have been framed. But the stakes are high: Eddie’s wife is in danger. And not just from the FBI... The Plea is a locked room mystery from Steve Cavanagh, the author Nelson DeMille compares to John Grisham, Scott Turow, and Brad Meltzer. “The Plea is one of the most purely entertaining books you'll read this year. It's a blast.” —John Connolly, bestselling author of the Charlie Parker novels
From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard court­room scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bed­rock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
A blistering critique of America’s assembly-line approach to criminal justice and the shameful practice at its core: the plea bargain Most Americans believe that the jury trial is the backbone of our criminal justice system. But in fact, the vast majority of cases never make it to trial: almost all criminal convictions are the result of a plea bargain, a deal made entirely out of the public eye. Law professor and civil rights lawyer Dan Canon argues that plea bargaining may swiftly dispose of cases, but it also fuels an unjust system. This practice produces a massive underclass of people who are restricted from voting, working, and otherwise participating in society. And while innocent people plead guilty to crimes they did not commit in exchange for lesser sentences, the truly guilty can get away with murder. With heart-wrenching stories, fierce urgency, and an insider’s perspective, Pleading Out exposes the ugly truth about what’s wrong with America’s criminal justice system today—and offers a prescription for meaningful change.
"That relatively few criminal cases in this country are resolved by full Perry Mason-style strials is fairly common knowledge. Most cases are settled by a guilty plea after some form of negotiation over the charge or sentence. But why? The standard explanation is case pressure: the enormous volume of criminal cases, to be processed with limited staff, time and resources. . . . But a large body of new empirical research now demands that we re-examine plea negotiation. Milton Heumann's book, Plea Bargaining, strongly and explicitly attacks the case-pressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. The book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis."—Michigan Law Review
"The Plea starts with a terrible crime. On a moonlit night in 1889, the Iowa farmer John Elkins, and his young wife, Hattie, are brutally attacked and murdered in their bed. Eight days later, their son, eleven-year-old Wesley Elkins, is arrested and charged with the crime. The community is shocked by both the gruesome facts of the homicide and the age of the accused perpetrator, a small, quiet boy weighing just 75 pounds. The Plea tells the story of this crime and its aftermath. Despite his youth and evidence that he had been abused by his parents, Wesley is sentenced to spend the rest of his life in an adult prison. For more than a dozen years, the boy's fate is in the hands of others. His story captures the attention of a divided and transfixed public, raising questions about the criminal justice system and the rights of children. The focus of the narrative is on the legal and societal aspects of the case: Wesley's rehabilitation and remarkable transformation in prison, his plea that his case be reconsidered, the outpouring of support he received from prison wardens, politicians, newspaper editors, and educators. The story of the life of Wesley Elkins becomes an emotional and compelling story of redemption. This is a true story, based on years of meticulous research. All the scenes are based on primary sources: newspaper reports, legal documents, interviews, nonfiction works, memoirs, and personal letters. Bryan and Wolf quote from these materials throughout the book. The Plea is an accessible and fast-moving story that delivers a complete, complex, and nuanced narrative of this horrific crime, shedding light on the legal, social, and political environment of Iowa and the country in the late 1800s and early 1900s"--
2013 Christy Award finalist! Plea bargains may grease the rails of justice, but for Jamie Brock, prosecuting criminals is not about cutting deals. In her three years as assistant DA, she’s never plea-bargained a case and vows she never will. But when a powerful defense attorney is indicted for murder and devises a way to bring the entire justice system to a screeching halt, Jamie finds herself at a crossroads. One by one, prisoners begin rejecting deals. Prosecutors are overwhelmed, and felons start walking free on technicalities. To break the logjam and convict her nemesis, Jamie must violate every principle that has guided her young career. But she has little choice. To convict the devil, sometimes you have to cut a deal with one of his demons.
"This is the ... personal story of a priest in a Chicago parish coming to terms with what the priesthood demands of a man in a great modern city."--Page [3].
The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of 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.
"By looking at the motivations of the three critical parties to any plea bargain-the prosecutor, defense attorney/defendant, and the judge-Plea Bargaining Made Real explains why in the words of former Supreme Court Justice Anthony Kennedy, "criminal justice today is for the most part a system of pleas, not a system of trials." By looking at the impact these motivations play in the conduct and decisions of these parties, the book offers a clearer and more realistic understanding of the process. Through comparing plea-bargaining court decisions with the actual ways in which guilty pleas come about, the book illustrates not just the dishonesty of the judicial approach to issues arising from plea bargaining, but also the damage that such dishonesty causes. The book discusses other important and controversial aspects of plea bargaining such as types of guilty pleas, the impact of systemic racism in plea bargaining and the applicability of contract law principles to plea agreements. The negotiation of a disposition in a criminal case is a most human process. This book examines the law of plea bargaining without ever losing sight of this critical perspective. It offers suggestions for how prosecutors, defense attorneys, judges and the criminal justice system itself can make the plea bargaining system fairer and more transparent"--