This paper is published in Volume 3, Issue 6, 2018
Area
Law
Author
Hari Kishan
Org/Univ
Faculty of Law, University of Delhi, Chhatra Marg, Delhi, India
Pub. Date
07 June, 2018
Paper ID
V3I6-1147
Publisher
Keywords
Malimath committee, Unfair trials, National accountability ordinance, VOCA, Coercive bargain, Aaron swartz

Citationsacebook

IEEE
Hari Kishan. Darker side of plea bargaining: The worldwide scenario with future perspectives, International Journal of Advance Research, Ideas and Innovations in Technology, www.IJARnD.com.

APA
Hari Kishan (2018). Darker side of plea bargaining: The worldwide scenario with future perspectives. International Journal of Advance Research, Ideas and Innovations in Technology, 3(6) www.IJARnD.com.

MLA
Hari Kishan. "Darker side of plea bargaining: The worldwide scenario with future perspectives." International Journal of Advance Research, Ideas and Innovations in Technology 3.6 (2018). www.IJARnD.com.

Abstract

Plea bargaining or plea agreement in criminal jurisprudence is an agreement or bargaining between prosecution and defendant. The defendant gives off his right to free trial and pleads guilty. It leaves both the parties better off. In simple term in a criminal case, plea bargaining is an agreement between prosecution and defendant on the basis of concession from prosecution. The plea bargaining mainly is of two types i.e. sentence bargaining and charge bargaining. In sentence bargaining, the defendant pleads guilty to a lesser sentence than prescribed. But in charge bargaining defendant pleads guilty to a lesser charge framed on him. Two other types of bargaining are there in use i.e. fact bargaining and count bargaining. In former, the bargaining is about the facts of the case. Defendant pleads guilty on condition that some facts which incriminate him are to be deleted in the trial. But in later, the bargaining is about the head or count of charge. It is beneficial that it helps to reduce the burden on trial courts, save exchequers money, fasten judicial system and provide arid from the lengthy judicial processes. The major flaw which is involved & inherent in plea bargaining is that it is used against poor and innocents. The current review provides a detailed information about the pros and cons of plea bargaining and the steps which have to be included in the current justice system to make the improvement.
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