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transparency

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Journal Articles
New Criminal Law Review (2019) 22 (4): 434–493.
Published: 01 November 2019
... side tends to have far more resources and power. Without increased transparency, many of the players in the criminal legal system are just bargaining in the dark. © 2019 by The Regents of the University of California 2019 plea bargaining negotiation transparency data fairness BARGAINING...
Journal Articles
New Criminal Law Review (2020) 23 (2): 196–235.
Published: 15 April 2020
... and regulations designed to protect basic due process rights and increase transparency within the court system, and in a renewed effort to promote rule of law practices right down to the local court level.5 In an attempt to ensure consistency and quality in implementing these newly protected rights...
Journal Articles
New Criminal Law Review (2020) 23 (2): 300–311.
Published: 15 April 2020
... certainly increased in the United States, transparency is not something to be found in the U.S. criminal justice system, even though it is a recognized democratic norm. An important example is the U.S. prosecutor, who arguably is the most powerful official in the criminal justice process and whose decision...
Journal Articles
New Criminal Law Review (2020) 23 (2): 236–270.
Published: 15 April 2020
Journal Articles
New Criminal Law Review (2020) 23 (1): 60–73.
Published: 01 February 2020
..., for transparency, inclusiveness, bias, and arbitrariness and less what comes out of them. I will not offer a lengthy or precise account of such conceptions here. To take a few examples though, one might, as Continental jurisdictions do, seek to ensure preconviction equality in investigation, arrest...
Journal Articles
New Criminal Law Review (2020) 23 (1): 139–166.
Published: 01 February 2020
...-Rosenberg, & Enosh, supra note 8. 148 | NEW CRIMINAL LAW REVIEW | VOL . 23 | NO . 1 | W INTER 2020 thoroughly elaborated to provide maximum transparency and reliability. First, we created an ordinal definition of a 1 7 scale for each parameter; 1 representing full agreement with the right-hand side of each...
Journal Articles
New Criminal Law Review (2020) 23 (1): 1–26.
Published: 01 February 2020
... in making markets more transparent to investors and therefore more efficient and less prone to artificial bubbles that burst. They measured the impact of the Australian and New Zealand financial disclosure regimes by variables such as reduction in analysts forecast errors, forecast dispersion, bid...
Journal Articles
New Criminal Law Review (2019) 22 (4): 347–358.
Published: 01 November 2019
... practice in contemporary criminal justice systems in the Anglo-American world.26 Two articles explore this main door of the criminal justice system. Applying negotiation theory, Andrea Kupfer Schneider and Cynthia Alkon highlight the need for transparency and systemic data collection in plea bargaining.27...
Journal Articles
New Criminal Law Review (2019) 22 (4): 494–541.
Published: 01 November 2019
... framework of which the goals of a plea bargain and the judge s role can be expanded?47 Are the principles of conflict resolution being used?48 How can we improve this proceeding and make it less focused on efficiency and more fair, transparent, and of greater social-moral value?49 These questions will guide...
Journal Articles
New Criminal Law Review (2019) 22 (1): 3–33.
Published: 01 February 2019
Journal Articles
New Criminal Law Review (2018) 21 (4): 514–544.
Published: 01 November 2018
... quantitative validity and reliability checks (Auerbach & Silverstein, 2003). To protect against the researchers tendency to impose any arbitrariness, subjectivity, and bias that is not already grounded in the data, the logics of transparency, conformability, communicability, and coherence will inform all...
Journal Articles
New Criminal Law Review (2018) 21 (3): 345–378.
Published: 01 August 2018
... edge of political and legal legiti- macy. As transparent expedients for circumventing core constitutional constraints on the criminal justice system, SOCC laws have needed special justification (both legal and political) to assure that their pre-crime, pre- ventive detention methods are limited and non...
Journal Articles
New Criminal Law Review (2018) 21 (1): 1–56.
Published: 01 February 2018
... bribery as a fascinatingly under-explored area 37. LAURA S. UNDERKUFFLER, CAPTURED BY EVIL: THE IDEA OF CORRUPTION IN LAW 10 (2013). 38. Id. 39. Id. at 14. 40. Id. 10 | NEW CRIMINAL LAW REVIEW | VOL . 21 | NO . 1 | W INTER 2018 enforcement will lack transparency. Drawing these questions out into the...
Journal Articles
New Criminal Law Review (2017) 20 (4): 535–568.
Published: 01 November 2017
... refers to the extent to which people perceive that authorities take them seriously and display professional conduct (Goodman-Delahunty, 540 | NEW CRIMINAL LAW REVIEW | VOL . 20 | NO . 4 | FALL 2017 2010). Neutrality is the extent to which procedures and decisions are transparent, fair, and without...
Journal Articles
New Criminal Law Review (2017) 20 (2): 181–232.
Published: 01 May 2017
... the effectiveness of reform efforts; he is skeptical about the ability of data transparency to spur reform without additional top-down incentives. Rushin, supra, at 136. 4. Terry, 391 U.S. at 1 (1969). 5. REPORT OF THE NATIONAL ADVISORY COMMITTEE ON CIVIL DISORDERS 143 44, 302 (1968); see...
Journal Articles
New Criminal Law Review (2017) 20 (1): 12–38.
Published: 01 February 2017
... California s call for prosecutors to bargain around immigration conse- quences marks an important effort to integrate the Padilla decision into everyday prosecutorial practice, and to make the standards for immigration plea bargaining more transparent.74 Although California s law is still too fresh to...
Journal Articles
New Criminal Law Review (2017) 20 (1): 39–65.
Published: 01 February 2017
...) specified an entitlement to respect for the dignity of human person, and accordingly no person shall be subjected to torture or to inhuman or degrading treatment and sections 35(1 2) protected the rights to personal liberty and to silence. Other amendments promised transparency for the grounds of arrest...
Journal Articles
New Criminal Law Review (2016) 19 (3): 344–381.
Published: 01 August 2016
Journal Articles
New Criminal Law Review (2016) 19 (2): 171–207.
Published: 01 May 2016
Journal Articles
New Criminal Law Review (2016) 19 (2): 208–235.
Published: 01 May 2016