Book contents
- American Criminal Justice
- American Criminal Justice
- Copyright page
- Dedication
- Contents
- Acknowledgments
- 1 Introduction
- 2 The Federal Structure; Sources of the Law
- 3 Investigation and Evidence-Gathering—The Participants
- 4 Investigation and Evidence-Gathering—Procedures
- 5 Arrest and Pretrial Detention
- 6 The Decision to Prosecute, or Not
- 7 Joinder of Charges and Defendants
- 8 Venue
- 9 Assistance of Counsel
- 10 Trial Rights and Preparation for Trial
- 11 Alternative Outcomes
- 12 Double Jeopardy
- 13 The Trial
- 14 Sentencing
- 15 Appeals
- 16 Corporate Criminal Responsibility
- 17 Internal Corporate Investigations
- 18 Professional Responsibility
- 19 Conclusion
- Bibliography
- Index
11 - Alternative Outcomes
Published online by Cambridge University Press: 08 June 2019
- American Criminal Justice
- American Criminal Justice
- Copyright page
- Dedication
- Contents
- Acknowledgments
- 1 Introduction
- 2 The Federal Structure; Sources of the Law
- 3 Investigation and Evidence-Gathering—The Participants
- 4 Investigation and Evidence-Gathering—Procedures
- 5 Arrest and Pretrial Detention
- 6 The Decision to Prosecute, or Not
- 7 Joinder of Charges and Defendants
- 8 Venue
- 9 Assistance of Counsel
- 10 Trial Rights and Preparation for Trial
- 11 Alternative Outcomes
- 12 Double Jeopardy
- 13 The Trial
- 14 Sentencing
- 15 Appeals
- 16 Corporate Criminal Responsibility
- 17 Internal Corporate Investigations
- 18 Professional Responsibility
- 19 Conclusion
- Bibliography
- Index
Summary
In the United States, relatively few criminal matters go to trial. (Some of the possible reasons for this are summarized in the Conclusion; see Chapter 19.) Nationwide, more than 95 percent of criminal cases are resolved without a trial, and in the federal courts, the percentage is even higher. While many cases result in a guilty plea, there are other procedures that can also result in the termination of a criminal matter without a trial. Taken together, these procedures—in particular the power they give to prosecutors, and the relative absence of judicial participation or control—are among the most distinctive (and, to some, the most troubling) aspects of American criminal justice.
A number of individual federal and state courts have developed innovative programs designed to cut down the enormous prison population of the United States, and to avoid where possible the sometimes brutal impact of prison on individuals and their families.
- Type
- Chapter
- Information
- American Criminal JusticeAn Introduction, pp. 64 - 77Publisher: Cambridge University PressPrint publication year: 2019