Plea Bargaining A plea bargain is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge or to one of several charges‚ in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A
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Plea Bargaining Alicia Aaron CJA/224 May 26‚ 2013 Donald Gregory Plea Bargaining Most cases are resolved through plea bargains. This is resulting from negotiations between the prosecutor and defense attorney. Plea bargains can be made at any stage of the criminal justice process. Plea bargains can be either a charge bargains or sentence bargains. There are advantages and disadvantages with plea bargains. With plea bargains‚ it can reflect the due process and crime control of the criminal
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1 NEGOTIATION SKILLS S2‚ 2012 WEEK 2: DISTRIBUTIVE BARGAINING 2 Today’s lecture: Distributive bargaining • • • • • The basic negotiation strategies Distributive bargaining scenarios Fundamentals of distributive bargaining Tasks to focus on Distributive tactics • Results from conflict management styles survey 3 Choosing a negotiation strategy • Distributive • Conflicting goals‚ fixed pie (“zerosum game”)‚ task is to claim value and maximize personal gains • Shared goals
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PLEA BARGAINING Plea bargaining is defined as the process of negotiating an agreement among the defendant‚ the prosecutor‚ and the court as to an appropriate plea and associated sentence in a given case. The advantage for the defense is that less work is required on their part and they typically receive the same amount of money in return. An advantage for the prosecutor is they get a conviction and can alter the sentence any way they see fit as well as maintain an acceptable conviction rate. The
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Distributive bargaining‚ also known as a win-lose bargaining process is a competitive negotiation approach that is utilized to choose in what way a fixed resource such as money will be distributed. It is assumed by each person involved that in this method gains for one party’s interests will come at the expense of the other party for the reason that there is a limited quantity of resources obtainable to the parties with which to meet bargaining goals. (Holley‚ Jennings‚ Wolters‚ 2012 pg.257) In other
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INTRODUCTION Collective bargaining is a negotiation process between employers and employees on the terms and conditions of work which form the enterprise agreement (Natalie 2010‚ p.199). Good faith bargaining on the other hand‚ generally refers to duty of the parties to meet and negotiate at reasonable time with willingness to reach an agreement on matters within the scope of representation (Riley 2012‚ pp.22-29). According to Fair Work Act 2009 “To bargain collectively is the performance of the
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Many references found on the subject of plea bargaining project the same message as to why the process has become such a common element of the justice system. The universal missive seems to be advantage for all parties involved‚ even the victim. There are obvious advantages in terms of time and cost for the judicial system. For judges and prosecutors‚ plea bargaining provides relief to hectic schedules and an overcrowded docket. Any case resolved outside of the court setting can also ease the
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Collective consciousness - a.k.a. collective conscience (French conscience collective) is the set of shared beliefs and moral attitudes which operate as a unifying force within society - introduced by the French sociologist Émile Durkheim in his Division of Labour in Society in 1893 - The Division of Labour in Society (French: De La Division Du Travail Social) is the dissertation of French sociologist Émile Durkheim‚ written in 1893. It was influential in advancing sociological theories and
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SECTION 2: THE AGREEMENT An agreement is the essence of every contract. The parties to a contract are the offeror (who makes an offer) and the offeree (to whom the offer is made). If‚ through the process of offer and acceptance‚ an agreement is reached‚ and the other elements are present (consideration‚ capacity‚ legality)‚ a valid contract is formed. KEY VOCABULARY Material: Subject (matter): Offeror: Offeree: Firm offer: Party (parties): Revoke: Entitled: Disclaim: WARM-UP QUESTIONS:
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BARGAINING WITH THE DEVIL When to Negotiate‚ When to Fight ROBERT MNOOKIN ROBERT MNOOKIN is professor of law at Harvard Law School‚ the director of the Harvard Negotiation Research project and chair of the Program on Negotiation at Harvard Law School. Dr. Mnookin has taught several workshops on negotiation skills for corporations‚ government agencies and law firms. He is the author of nine books including Beyond Winning‚ Negotiating on Behalf of Others and Barriers to Conflict Resolution
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