Punishment Without Trial: Why Plea Bargaining Is a Bad Deal by Carissa Byrne Hessick
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Overview: This book is a must-read for anyone who wants to tackle mass incarceration, by one of the country’s most thoughtful scholars.” –Rachel E. Barkow, author of Prisoners of Politics: Breaking the Cycle of Mass Incarceration
A provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it
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 U.S. 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.
Genre: Non-Fiction > Educational
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