An original theory and set of essays on negotiating transitional justice, drawing on the authors' first-hand experience of Colombia's peace talks.

In the past two decades, peace negotiators around the world have increasingly accepted that granting amnesties for human rights violations is no longer an acceptable bargaining tool or incentive, even when the signing of a peace agreement is at stake. While many states that previously saw sweeping amnesties as integral to their peace processes now avoid amnesties for human rights violations, this anti-amnesty turn has been conspicuously absent in Asia. In Negotiating Peace: Amnesties, Justice and Human Rights Renée Jeffery examines why peace negotiators in Asia have resisted global anti-impunity measures more fervently and successfully than their counterparts around the world. Drawing on a new global dataset of 146 peace agreements (1980–2015) and with in-depth analysis of four key cases - Timor-Leste, Aceh Indonesia, Nepal and the Philippines - Jeffery uncovers the legal, political, economic and cultural reasons for the persistent popularity of amnesties in Asian peace processes.

"This book is the first textbook of its kind that covers all of the processes through which criminal cases are resolved in the United States beyond trials. Negotiating Crime brings together criminal procedure, current policy debates, and dispute resolution concepts to examine the practice of criminal law in the 21st century. The first half of the book is devoted to plea bargaining, first covering the basic caselaw, practice, policy concerns, and reform proposals. In addition, this section explains negotiation theory and applies it to the practice of plea bargaining. The second half of the book covers problem solving and therapeutic justice courts, including drug courts and mental health courts; restorative justice; and juvenile justice"--

This book examines the costs and benefits of ending the fighting in a range of conflicts, and probes the reasons why negotiators provide, or fail to provide, resolutions that go beyond just 'stopping the shooting.' A wide range of case studies is marshaled to explore relevant peacemaking situations, from the end of the Thirty Years' War and the Napoleonic Wars, to more recent settlements of the late 20th and early 21st centuries—including large scale conflicts like the end of WWII and smaller scale, sometimes internal conflicts like those in Cyprus, Armenia and Azerbaijan, and Mozambique. Cases on Bosnia and the Middle East add extra interest.

The recent Colombian peace negotiations took the art and science of negotiating transitional justice to unprecedented levels of complexity. For decades, the Colombian government fought a bitter insurgency war against FARC guerrilla forces. After protracted negotiations, the two parties reached a peace deal that took account of the rights of victims. As first-hand participants in the talks, and principal advisers to the Colombia government, Mark Freeman and Iván Orozco offer a unique account of the mechanics through which accountability issues were addressed. Drawing from this case study and other global experiences, Freeman and Orozco offer a comprehensive theoretical and practical conception of what makes the 'devil's dilemma' of negotiating peace with justice implausible but feasible.

This book explores victims’ views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims’ voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.