Plea Bargaining

Plea Bargaining

Introduction

Plea bargaining" is an agreement by which the prosecution and the defense come to an agreement on the resolution of the case, including the charges for which the defendant pleads guilty. According to American lawyer, Donald Newman "plea bargain" as "a guilty plea obtained as a result of negotiations between the prosecutor and the accused, during which the defendant if knows himself guilty in exchange for a reduction in the severity obviation, the promise of leniency in sentencing, or any other retreat in the direction of easing the use of the full, maximum power of the court when convicting and imposing sentence. However, it should be noted," he said, "that for any refusal of the trial, even without the explicit negotiation, there may be implied by the transaction in the form of reasonable expectations of the offender leniency in sentencing and the established practice of the court displays varying degrees of leniency to defendants who have recognized guilty in relation to those who demanded the trial (Stephen, 1992).

Furthermore, the "plea bargain" is a means to get rid of risk, which is inevitable in any adversarial proceedings. It is well known that any trial is not a perfect method for the detection of the facts. Many factors are: professional excellence a lawyer or prosecutor, the presence of witnesses, judge, jury whim, and even simple luck affect the result. Thus, entering into the agreement, each party especially interested in limiting the risk inherent in litigation.

Identify the associated issues with plea bargaining. Does it undermine the system of law?

Issues with Plea Bargaining

Plea bargaining is an agreement often leads to the fact that the accused pleads guilty to committing a lesser offense or not on all counts of the indictment (indictment). Sometimes, if the jury finds the defendant guilty of the offense, it makes a less serious charge. For example, premeditated murder requires the prosecutor to prove that the defendant planned the murder beforehand. Therefore, if the prosecutor does not believe that he will be able to prove to the jury, he makes the charge of causing death by negligence. Such a system of mutual concessions and got its name as a "plea bargain"(Ross, 2006). Often the prosecutor and the defendant come to an agreement not only on the number of counts in the indictment and the offense skills, but also the position of the prosecution's penalty, fine, place on a particular punishment and other issues.

Plea bargaining-In Criminal Proceedings U.S

Criminal procedure refers to a controversial U.S. (statute) model of the criminal process. Its essence involves the following division: the prosecution initiated criminal delo1 against any person before the court, collects evidence of guilty, the prosecution in the trial, the defense gathers opposing evidence protects the accused in court; Court enforces the rules of litigation by the parties and decides the question of guilt, a measure of punishment the defendant.

Modern American law of evidence is an abundance of rules and exceptions, which, before prescribing the use and evaluation of the evidence substantially ...