Thesis--Freie Universität Berlin. / Includes bibliographical references (p. 845-869).

Recent research has led to a growing awareness that the dominant method of settling criminal cases in the United States involves disposition without trial. The overwhelming majority of criminal cases are settled by guilty pleas, and the majority of guilty plea dispositions involve some kind of bargain on the charge or sentence. The purpose of the present study was to examine and analyze the phenomenon of negotiating the guilty plea in terms of its relationship to the functional needs and ideal goals of the court system. A basic assumption of this study was that case disposition through a bargaining process provides for both functional needs and ideal goals which are not clearly provided for in the trial system. A detailed examination of felony case disposition without trial in one Pacific Northwest urban court system was undertaken to ascertain the precise nature of the bargaining process. Records regarding the nature and outcomes of felony dispositions in 1976 and 1977 were researched, along with information on the formal structure, procedures and pOlicies of the court organization. Interviews with prosecutors, public defenders and judges in the felony court system provided attitudinal data. Observations of guilty plea hearings and negotiation conferences allowed the researcher to record actual activities in the disposition process. The data indicated that the majority of cases were settled by guilty pleas and that the majority of guilty pleas involved some kind of bargain. Plea negotiation in this court system was routinized, formalized and highly structured. The bargaining process was prosecutor-dominated, in part due to the District Attorney Office policy which was noticeably inflexible in terms of bargaining criteria. The one commodity of power held by the defense attorney was strength of case. If the defense could find legal "loopholes" in the state's case, the chances of the defendant getting a good deal improved. This emphasis on legal factors appeared to strengthen the professional orientation as well as the adversary perspective of the opposing attorneys. Pleading guilty to a reduced charge resulted in the greatest likelihood of a defendant receiving a non-incarceration sentence. The majority of reductions were to offenses necessarily included in the initial charge. Conviction by trial resulted in the highest, proportion of incarceration sentences of all closing types. However, there was evidence that circumstances of the case and the defendant were influential regarding the likelihood of incarceration at the sentencing stage. A balancing factor aFpeared to be at work according to comparisons of the 1976 and 1977 data. Changes in the District Attorney Office policy instituted in 1977 expanded the list of non-reducible offenses. While the proportion of trial closings consequently increased for these non-reducible offenses, this increase was offset by a decrease in the proportion of trials for offenses not included in the non-reducible category. Generally, the findings supported the theoretical assumption that disposition by guilty plea negotiation could fulfill functional needs of the court system within a legalistic framework.

Greifswald, Universität, Thesis (doctoral), 2001. / Includes bibliographical references.

Thesis (M. Soc. Sc.) -- Lincoln University, 2009. / Also available via the World Wide Web.

This thesis explores the recent introduction of restorative justice into the youth justice system in England. It examines the historical and political context from which current youth justice policies have emerged and aims to evaluate how this new system is functioning 'on the ground' several years after being implemented. Specifically, the primary aim of the research is to investigate final warnings and referral orders. The findings are based on an in-depth study of one Youth Offending Team (YOT). The research adopted a predominantly qualitative, case study based method utilizing techniques of observation, informal conversations, formal interviews with the young offenders and their supporters as well as with authority figures who are amongst those responsible for policy and practice in the youth justice system. The substantive chapters of this thesis focus on the delivery of final warnings, referral order panel meetings, victim participation, and the structural, cultural and political influences on YOT practice. This research concludes that at present, restorative practices in England are seriously compromised. However, simply because these programmes experience difficulties, they should not necessarily be considered a failure. The present failures in practice are not related to the philosophical foundation of these programmes or even to the way in which they have been set up. Rather, the current shortcomings in practice are due mostly to a failure of implementation on the part of the YOT. The final warning and referral order programmes, if improved, have the potential to become an effective first encounter with the criminal justice system and to impact positively on many first time offenders.

The innovative forensic technique of DNA profiling has been acclaimed as the most important advance in forensic science since fingerprinting. Whilst there is much anecdotal information on the impact of DNA profiling on criminal investigation, prosecution and adjudication, there is little quantitative and control comparison data on the routine use of forensic DNA profiling. This study evaluates the effect of the introduction of DNA profiling in Victoria on a number of key points in the criminal justice system. The overall impact of DNA profiling was low as determined by the percentage of criminal cases which utilise DNA profiling. However, in certain classes of cases its impact was measurable, most notably in sex offences committed by “strangers”. Less than one quarter of sexual offence cases of DNA profiled resulted in a contested trial, suggesting that the focus of DNA profiling on the criminal justice system should swing to the pre-trial phase. DNA profiling was most often used in sexual offence cases and a database comparison of these cases before and after the advent of DNA profiling was examined. Whilst not statistically significant, trends indicated there were more solved cases, more guilty pleas and fewer trials after the introduction of DNA profiling, but more individuals were drawn into the investigatory process. The number of trials of sexual offences in which consent was an issue was slightly greater than previously. The increase in guilty pleas with DNA profiling was only for stranger type crime. Further research is recommended as DNA profiling becomes the cornerstone of biological forensic analysis.

Thesis (Ph. D.)--University of Toronto, 2004. / Adviser: David Levine.

Thesis (B.A.)--Haverford College, Dept. of Philosophy, 2008. / Includes bibliographical references.

Thesis--Marburg. / Vita. Bibliography: p. [235]-[242]

Thesis (doctoral)--Philipp-Universität zu Marburg. / Includes bibliographical references (p. [235-242]).