Punishment Without Trial: Why Plea Bargaining Is a Bad Deal

Punishment Without Trial: Why Plea Bargaining Is a Bad Deal

by Carissa Byrne Hessick
Punishment Without Trial: Why Plea Bargaining Is a Bad Deal

Punishment Without Trial: Why Plea Bargaining Is a Bad Deal

by Carissa Byrne Hessick

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Overview

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.


Product Details

ISBN-13: 9781647001032
Publisher: ABRAMS
Publication date: 10/12/2021
Sold by: Barnes & Noble
Format: eBook
Pages: 288
Sales rank: 1,034,810
File size: 1 MB

About the Author

Carissa Byrne Hessick is the Ransdell Distinguished Professor of Law at the University of North Carolina School of Law, where she also serves as the director of the Prosecutors and Politics Project. Previously, she taught at the law schools of Arizona State, Harvard, and the University of Utah. Her work on the criminal justice system has been published by the Los Angeles Times, the Philadelphia Inquirer, Slate, and numerous academic journals. She lives in Chapel Hill, North Carolina.

Table of Contents

Chapter 1 Damian's Story 1

Chapter 2 The Rise of Plea Bargaining 11

Chapter 3 "It's a Business Decision" 35

Chapter 4 The Desire to Be Free 61

Chapter 5 Legal Theft 85

Chapter 6 The Process Is the Punishment 107

Chapter 7 The Politics of Reform 131

Chapter 8 The Costs: Truth and Justice 157

Chapter 9 Possibilities for Change 183

Chapter 10 Conclusion 215

Acknowledgments 225

Notes 227

Index 271

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