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The Process Is the Punishment : Handling Cases in a Lower Criminal Court by Feeley, Malcolm;Gusfield, Joseph R is a nonfiction available to read on EtoBox.

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It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal'due process'is preferred by all of the court's participants, and especially by defendants. Moreover, he argues,'it is not all clear that as a group defendants would be better off in a more'formal'court system,'since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecut

Who reads The Process Is the Punishment : Handling Cases in a Lower Criminal Court?

Author

Feeley, Malcolm;Gusfield, Joseph R

Publisher

Russell Sage Foundation

Published

1992

Language

EN

ISBN

9780871542533

Category

nonfiction

Subjects

Science, Political Science, Law