"This book is the first textbook of its kind that covers all of the processes through which criminal cases are resolved in the United States beyond trials. Negotiating Crime brings together criminal procedure, current policy debates, and dispute resolution concepts to examine the practice of criminal law in the 21st century. The first half of the book is devoted to plea bargaining, first covering the basic caselaw, practice, policy concerns, and reform proposals. In addition, this section explains negotiation theory and applies it to the practice of plea bargaining. The second half of the book covers problem solving and therapeutic justice courts, including drug courts and mental health courts; restorative justice; and juvenile justice"--

The meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases. Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which common sense about crime, punishment, criminality, and human nature shaped the boundaries of expert knowledge at every stage of the judicial process. Negotiating Responsibility fills a void in Western socio-legal history scholarship and provides an essential point of reference from which to evaluate current criminal law practices and law reform initiatives in Canada.

The full-blown trial with its guarantees of presumption of innocence, due process, and constitutional evidence is no longer affordable. With the rise in crime and the more cost-, and labor-intensive procedures required by modern notions of due process, legislatures and courts around the world are gradually giving priority to the principle of procedural economy and introducing forms of consensual and abbreviated criminal procedure to deal with overloaded dockets. This book, which combines chapters from distinct countries which were originally written for the XVII Congress of the International Academy of Comparative Law in Utrecht, The Netherlands, in July 2006, also includes theoretical contributions by Mirjan Damaska on the role of plea bargaining in the international criminal tribunals and Maximo Langer on the "Americanization" of world criminal procedure and the "translation" of American plea bargaining into the legal language of inquisitorial legal systems. The book concludes with the editor's comprehensive analysis of the typologies of plea bargaining and their historical and doctrinal roots.

Based on church and state records from the burgh of Aberdeen, this study explores the deeper social meaning behind petty crime during the Reformation. Falconer argues that an analysis of both criminal behaviour and law enforcement provides a unique view into the workings of an early modern urban Scottish community.

This is the story and analysis of the unforeseen and astonishing success of negotiations by many countries to create a permanent international court to try atrocities. In 1998, 120 countries astounded observers worldwide and themselves by adopting the Rome Statute for an International Criminal Court. From this event began important and unprecedented changes in international relations and law. This book is for those who want to know and understand the reasons and the story behind these historic negotiations or for those who may wonder how apparently conventional United Nations negotiations became so unusual and successful. This book is both for those who seek detailed legislative history, scholars or practitioners in international law and relations and those simply curious about how the Court came about.

A former international hostage negotiator for the FBI offers a new, field-tested approach to high-stakes negotiations—whether in the boardroom or at home. After a stint policing the rough streets of Kansas City, Missouri, Chris Voss joined the FBI, where his career as a hostage negotiator brought him face-to-face with a range of criminals, including bank robbers and terrorists. Reaching the pinnacle of his profession, he became the FBI’s lead international kidnapping negotiator. Never Split the Difference takes you inside the world of high-stakes negotiations and into Voss’s head, revealing the skills that helped him and his colleagues succeed where it mattered most: saving lives. In this practical guide, he shares the nine effective principles—counterintuitive tactics and strategies—you too can use to become more persuasive in both your professional and personal life. Life is a series of negotiations you should be prepared for: buying a car, negotiating a salary, buying a home, renegotiating rent, deliberating with your partner. Taking emotional intelligence and intuition to the next level, Never Split the Difference gives you the competitive edge in any discussion.

Leading authorities on negotiations present the result of years of research, application, testing and experimentation, and practical experience. Principles and applications from numerous disciplines are combined to create a conceptual framework for the hostage negotiator. Ideas and concepts are explained so that the practicing negotiator can apply the principles outlined.