以色列公众对犯罪严重性的认知与对辩诉交易行为的支持之间的关系:一项因子调查方法

IF 1.1 2区 社会学 Q3 CRIMINOLOGY & PENOLOGY
S. Herzog
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引用次数: 28

摘要

在过去的几十年里,通过认罪协议解决刑事案件一直是研究的焦点。一般来说,辩诉交易是通过一个非正式的谈判过程达成的,在这个过程中,检察官和辩护律师达成庭外和解。在这种和解中,被告认罪,以换取控方的某些让步(例如,减少最初刑事指控的数量和/或严重性,或建议比预期更轻的惩罚)。从公诉人的角度来看,辩诉交易的结果是迅速和确定的定罪,特别是当不利于被告的证据有些薄弱时,从而避免了在法庭上无罪释放的可能性,更不用说在时间和资源方面的审判成本。从法官的角度来看,辩诉交易减少了法院的工作量。研究表明,诸如此类的福利导致越来越多的人求助于辩诉交易。事实上,在一些司法管辖区,绝大多数刑事被告在双方协商后认罪,这是理所当然的事情。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Relationship between Public Perceptions of Crime Seriousness and Support for Plea-Bargaining Practices in Israel: A Factorial-Survey Approach
The settlement of criminal cases through bargained guilty pleas has been the focus of increasing research interest over the past few decades. Generally, a plea bargain is reached through an informal process of negotiation in which the prosecutor and the defense counsel reach an outof-court settlement. In such a settlement, the defendant admits guilt in return for some concession on the part of the prosecution (e.g., reducing the number and/or seriousness of the original criminal charges, or recommending a more lenient punishment than would otherwise be expected). From the prosecutor's viewpoint, plea bargaining results in speedy and certain conviction, especially when the evidence against the defendant is somewhat weak, thereby avoiding the possibility of acquittal in court, not to mention cost of the trial in terms of time and resources. From the judge's point of view, plea bargaining reduces the workload of the court. Research suggests that benefits such as these have led to increasing resort to plea bargaining. Indeed, in some jurisdictions, a vast majority of criminal defendants plead guilty after negotiation between the parties as a matter of course.'
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来源期刊
CiteScore
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期刊介绍: The Journal remains one of the most widely read and widely cited publications in the world. It is the second most widely subscribed journal published by any law school in the country. It is one of the most widely circulated law journals in the country, and our broad readership includes judges and legal academics, as well as practitioners, criminologists, and police officers. Research in the area of criminal law and criminology addresses concerns that are pertinent to most of American society. The Journal strives to publish the very best scholarship in this area, inspiring the intellectual debate and discussion essential to the development of social reform.
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