06351nam 2200841 450 991080694750332120230912173000.01-4426-3853-21-282-04003-097866120400301-4426-7811-910.3138/9781442678118(CKB)2420000000004255(EBL)3255276(SSID)ssj0000305218(PQKBManifestationID)11247010(PQKBTitleCode)TC0000305218(PQKBWorkID)10292743(PQKB)10045490(CaBNvSL)slc00213170 (DE-B1597)464722(OCoLC)944177819(DE-B1597)9781442678118(Au-PeEL)EBL4671798(CaPaEBR)ebr11257491(OCoLC)958565086(OCoLC)244768749(MdBmJHUP)musev2_105058(VaAlCD)20.500.12592/rnxkhs(schport)gibson_crkn/2009-12-01/7/420813(MiAaPQ)EBC4671798(MiAaPQ)EBC3255276(EXLCZ)99242000000000425520160923e19891982 uy 0engur|n|---|||||txtccrThe ordering of justice a study of accused persons as dependants in the criminal process /Richard V. Ericson, Patricia M. BaranekToronto, [Ontario] ;Buffalo, [New York] ;London, [England] :University of Toronto Press,1989.©19821 online resource (283 p.)HeritageIncludes index.0-8020-6463-9 Includes bibliographical references and index.""CONTENTS""; ""TABLES""; ""ACKNOWLEDGMENTS""; ""FOREWORD""; ""1 The Ordering of Justice""; ""The Ordering of Justice""; ""A View from the Accused""; ""A View from the Literature""; ""A Research Strategy""; ""A Profile of the Accused""; ""2 Police Orders""; ""Arrest""; ""Search ""; ""Interrogation and Confession""; ""Access to a Third Party""; ""Right-to-Silence Cautions""; ""Dealings between Police and the Accused for Information and Confessions""; ""Legitimacy of Charges""; ""3 Lawyers' Orders""; ""The Relation between the Accused and the Lawyer""; ""Retaining Counsel""""Legal Dependency""""The Election Decision""; ""The Decision to Appeal""; ""4 Order out of Court I: The Process of Plea Transaction""; ""The Process of Plea Transaction in Perspective""; ""Lawyers' Accounts of Plea Transactions""; ""The Process of Plea Transaction""; ""Lawyers' Perceptions of Plea Bargains""; ""5 Order out of Court II: The Position of the Accused and the Plea Decision""; ""The Views of the Accused on Plea Transactions""; ""The Plea Decision""; ""Pleading Guilty while Maintaining Innocence""; ""Reasons for Pleading Guilty""; ""Reasons for Pleading Not Guilty""""The Plea Decision in Retrospect""""6 Order in Court""; ""The Court Setting""; ""Understanding of Court Proceedings by the Accused""; ""Silence of the Accused in Court""; ""Sentencing: The Trial of Moral Character""; ""Perception of Outcomes by the Accused""; ""7 The Reordering of Justice""; ""Summary""; ""The Nature of Reform""; ""Prospects for Change""; ""Directions for Further Enquiry""; ""NOTES""; ""BIBLIOGRAPHY""; ""INDEX""; ""A""; ""B""; ""C""; ""D""; ""E""; ""F""; ""G""; ""H""; ""I""; ""J""; ""K""; ""L""; ""M""; ""N""; ""O""; ""P""; ""Q""; ""R""; ""S""; ""T""; ""U""; ""V""; ""W""From the point of his arrest through to the final disposition of his case, the authors follow the accused as he proceeds through the criminal control system. They draw a picture of one who is dependent upon the orders and decisions of the police, crown attorney, defence lawyer, and judge and not a defendant with significant autonomy. Substudies conducted under a program of the Centre of Criminology provide empirical material on patrol police, detectives, crown attorneys and defence lawyers and are complemented by the authors? own interviews of accused persons. They produce a unique picture of the person who stands accused: unlike the official agents who are regular and experienced participants in the criminal process, the accused is a ?one-shot? player.As a dependant he is subject to the orders and decisions of the official criminal control agents; he fails to exercise what appear externally as his formal rights because the apparent costs exceed the advantages. He complies with police searches, fails to remain silent, fails to call a third party, gives a statement, often does not obtain a lawyer, routinely accepts his lawyer?s advice, rarely demands a trial, often remains silent in court, and very rarely considers an appeal. The ordering which the accused meets out of court is reproduced in the public forum of the court. Through the display of formal legal rationality there and in the belief that matters ?could have been a lot worse,? he experiences the ?majesty, justice, and mercy? of the criminal process and, in turn, accords legitimacy to the actions taken against him. The authors discuss prospects for changing the criminal process and conclude that the range of reforms that have been advocated, and sometimes implemented, does not lead to an alteration of the accused?s position within the ordering of justice because the system is not truly adversarial. Rather, it serves the interests of the state in ordering the population as well as professional interests of those who man the system.Canadian studies in criminology ;6Criminal procedureCanadaCriminal justice, Administration ofCanadaPleas (Criminal procedure)CanadaCrimeCanadaCanadafastElectronic books. Criminal procedureCriminal justice, Administration ofPleas (Criminal procedure)Crime345.7105Ericson Richard Victor1678340Baranek Patricia M.University of Toronto.Centre of Criminology.MiAaPQMiAaPQMiAaPQBOOK9910806947503321The ordering of justice4089336UNINA