Essay on Plea Bargaining Assignment

4461 Words Feb 9th, 2015 18 Pages
PLEA BARGAINING
Plea Bargaining is the central feature of modern criminal justice system. It is also known as Pre-trial settlement, plea discussions, plea negotiations, resolution discussion etc. In its most traditional and general sense, “plea bargaining” refers to pre-trial negotiations between the defendant, usually conducted by the counsel and the prosecution, during which the defendant agrees to plead guilty in exchange for certain concessions by the prosecutor. The concept of plea-bargaining is an alternative remedy to the long and tortuous process of trial in courts which has been introduced to ensure speedy disposal of cases and to reduce congestion in prisons.
Plea bargaining is a contract with the state wherein the defendant
…show more content…
However, many of the courts disapproved of the practice of plea-bargaining because of its infringement on the defendant's rights.
Till the midst of 20th Century, most of the courts and scholars, all over the World, tended to ignore the importance of plea bargaining, and when discussions of the practice occurred, it usually was critical. A strong criticism against it was that plea bargaining is a lazy form of prosecution that resulted in undue leniency for offenders. However in later part, the significance of plea bargaining has improved to a larger extent and it became integral part of the criminal justice system.
Law on plea bargaining has strong variations in Common Law Countries and European Continent. Guilty pleas have been regarded as a sufficient basis for conviction from the earliest days of the common law. In treating a guilty plea as conclusive, common law nations depart from the law of most nations on the European Continent. In serious cases, these nations do not treat any form of confession as an adequate basis for dispensing with the trial, even if trials are likely to be simpler and to focus mostly on sentencing issues when accused do not contest their guilt. A study indicates, the history of plea bargaining has only a recent origin. The criminal justice system long has been rewarded some
Open Document