Lynch1982b
| Lynch1982b | |
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| BibType | ARTICLE |
| Key | Lynch1982b |
| Author(s) | Michael Lynch |
| Title | Closure and disclosure in pre-trial argument |
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| Tag(s) | EMCA, Ethnomethodology, Justice |
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| Year | 1982 |
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| Journal | Human Studies |
| Volume | 5 |
| Number | |
| Pages | 15-33 |
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Abstract
This paper is a study of arguments between prosecutors and defense counsels during discussions of cases scheduled for trial in a particular criminal court district of Ontario, Canada. Audiotapes of pre-trial discussions were recorded in Crown prosecutors' offices shortly before courtroom sessions were scheduled to begin, and these materials were analyzed for this study. The focus of this analysis concerns the phenomenon of disclosure as an achieved-orderliness to pre-trial arguments between prosecutor and defense counsel. The phenomena of "argument" and "disclosure" which are central to the treatment of "plea bargaining" in this paper require some preliminary discussion to distinguish them from the formal procedures described under those names in criminological and legal studies. Following this discussion, a documented analysis of several practices of argument used in pre-trial discussions will be presented.
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