PLEA BARGAINING: A CRITICAL ANALYSIS
By Meenakshi Sharma & Ritik Sharma
Criminal jurisprudence introduced the concept of plea bargaining as an alternative solution to prison overcrowding, overburdened courts, and undue delay. Its approach has led to faster processing of criminal cases and appeals and has also helped alleviate prisoners’ suffering in trials awaiting trial. If a settlement is reached, the Court can compensate the victim accordingly. Protecting the lives, freedoms, and property of citizens is a solemn obligation of the state. The best bakery Priyadarshini Mattoo, Jesica Lall, and Nitish Katara are reminiscent of significant loopholes in criminal justice enforcement mechanisms that directly affect our society’s degree of violations.
Plea bargaining in criminal law is an agreement or bargaining between the prosecution and the defendant. The defendant waived his right to a free trial and pleaded guilty. It makes both sides better. In simple terms, in criminal cases, a plea bargain is an agreement between the prosecution and the defendant based on the prosecutor’s concession. There are two main types of plea transactions, sentence bargain, and charge bargain. In the former bargain, the defendant pleaded guilty and sentenced to a lighter sentence. However, in charge of bargaining negotiations, the defendant acknowledged minor charges against him. There are two other types of bargaining in use: fact bargaining and count bargaining. In the former, bargaining is regarding the facts of the case. The defendant pleaded guilty, provided that some of the facts that constituted his charges should be removed at the trial.
Nevertheless, in the count bargain, bargaining is about the number or amount of charge. It reduces the burden on trial courts, saves financial expenses, strengthens the judicial system, and eliminates lengthy judicial procedures, which is beneficial. The main drawback of plea bargaining is that it is used against the poor and the innocent. The current review provides detailed information on the pros and cons of plea bargaining and steps that must be included in the current judicial system to make improvements.
Plea bargaining is an essential part of criminal justice management. This article only meets the rich’s needs, so it is unreasonable, as poor criminals prevent confession because he knows that even if he confesses, he will not get any inducement like a rich companion. However, in its landmark judgment, the Supreme Court ruled that plea bargaining was unconstitutional, illegal, and often fostered corruption, collusion, and contamination of pure judicial means.
Key Words: Crime, Justice, Plea-Bargaining, Unfair Trials, coercive bargain
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