“plea bargaining is incompatible with principles of due process and adversarial justice....

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“Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss” by Herval Almenoar-Webster FILE T IME SUBMIT T ED 14-NOV-2014 11:28AM SUBMISSION ID 36776477 WORD COUNT 3044 CHARACT ER COUNT 16260 PLEA_BARGAINING_ESSAY.DOCX (33.3K)

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Page 1: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”

“Plea bargaining is incompatiblewith principles of due process

and adversarial justice. Criticallydiscuss”

by Herval Almenoar-Webster

FILE

TIME SUBMITTED 14-NOV-2014 11:28AM

SUBMISSION ID 36776477

WORD COUNT 3044

CHARACTER COUNT 16260

PLEA_BARGAINING_ESSAY.DOCX (33.3K)

Page 2: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”
Page 3: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”
Page 4: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”
Page 5: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”
Page 6: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”
Page 7: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”
Page 8: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”
Page 9: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”
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FINAL GRADE

72/100

“Plea bargaining is incompatible with principles of dueprocess and adversarial justice. Critically discuss”GRADEMARK REPORT

GENERAL COMMENTS

InstructorThis is a very good essay, which is clearlystructured and well written. It expresslyaddresses the question throughout and isf ocused and analytical.

You deal with a range of relevant arguments, andthe essay works well as a coherent whole. Attimes you are a litt le reliant on certain key piecesof literature, and this did limit your mark slightly.

Nonetheless, you do ref er to a range of sourcesand use them appropriately, including a couple ofwell researched and very relevant articles, suchas the Aviram article.

DA.

PAGE 1

Comment 1good, clear introduction

Comment 2good

PAGE 2

Comment 3could also ref er to sentencing guidelines on this, and / or the Criminal Justice Act 2003

Comment 4good

Comment 5good

PAGE 3

Comment 6good

Page 14: “Plea bargaining is incompatible with principles of due process and adversarial justice. Critically discuss”

Comment 7she calls the sentence discount a 'trial penalty'

Comment 8good

PAGE 4

Comment 9Good. (There's a body of US literature which ref ers to plea bargaining operating 'in theshadow of the trial').

Comment 10well researched

PAGE 5

Comment 11There is some literature which suggests that plea bargaining is not as resource-ef f icient asit may seem eg Schulhof er (1984); Stephen and Garoupa (2006; 2008) - would have beengood to ref er to this here.

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Comment 12well researched

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