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Journal articles on the topic 'Plea bargaining'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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1

Heumann, Milton. "Back to the Future: The Centrality of Plea Bargaining in the Criminal Justice System." Canadian journal of law and society 18, no. 2 (August 2003): 133–42. http://dx.doi.org/10.1017/s0829320100007754.

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Using Professor George Fisher's wonderful new book, Plea Bargaining's Triumph as a springboard and roadmap for a journey into plea bargaining's past and present status, this brief essay will attempt to build a theory accounting for the centrality of plea bargaining in today's—and tomorrow's—criminal justice system. By looking back, Fisher illuminates the present, and suggests a future for plea bargaining in the disposition of the cases. His analysis ends with “plea bargaining's triumph;” with its emergence as the single most important (and powerful) factor in the disposition of criminal cases. I will applaud, but qualify his arguments and speculate about “plea bargaining's future.” His looking back, led him to conclude that plea bargaining coopted or caused most criminal justice innovations of the past two decades, and that almost anthropomorphically, it emerged victorious. His understanding of the “causes” of plea bargaining's centrality deserves applause along with qualification; his painting of a picture of plea bargaining “victory” is correct, and is fruitfully linked to a future informed by his understanding of a past.First, some general ground rules for what I will and will not do in this essay. I will not systematically or exhaustively summarize Fisher's arguments, nor will I referee the disagreements he surfaced with the respect to the work of many major studies of plea bargaining and its history. Suffice it to say that this is a very careful historical study of the origins of plea bargaining, and that it primarily relies on a very detailed and very, very careful analysis of the court records of Middlesex County, Mass., mostly for cases disposed of in the 19th century. Based on these data, and secondary analyses of data from studies of plea bargaining in other jurisdictions, Fisher builds a theory of the growth of plea bargaining that is sometimes original, always engaging, and inevitably provocative. Though I take issue with some of his arguments, he must be lauded for the care and clarity of his presentation, and for the enormous literature he uses to develop and support his case.

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2

Watson, Duncan. "The Attorney General's Guidelines on Plea Bargaining in Serious Fraud: Obtaining Guilty Pleas Fairly?" Journal of Criminal Law 74, no. 1 (February 2010): 77–90. http://dx.doi.org/10.1350/jcla.2010.74.1.617.

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Fraud reform has recently culminated in the introduction of guidelines on plea bargaining issued by the Attorney General. In addition, it is likely that these guidelines will be complimented by new sentencing provisions from the Sentencing Guidelines Council to give a formal plea-bargaining model, which is hoped will increase conviction rates, process cases more expeditiously and reduce public expenditure for fraud prosecution. In addition, these guidelines have been complemented by new sentencing provisions from the Sentencing Guidelines Council to give a formal plea-bargaining model. This article will examine whether the new plea-bargaining model will deliver the transparent, efficient and effective system desired, whilst ensuring that those defendants who enter into plea bargains are free from improper pressure to plead guilty. Having been studied as part of the fraud reform process, the US Federal plea-bargaining model will be used as a barometer in this examination.

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3

Helm, Rebecca K. "Cognitive Theory and Plea-Bargaining." Policy Insights from the Behavioral and Brain Sciences 5, no. 2 (August 21, 2018): 195–201. http://dx.doi.org/10.1177/2372732218786974.

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Convictions in the criminal justice system now overwhelmingly occur by guilty plea. This is largely due to the “plea-bargaining” system in which the charge and sentence defendants receive as a result of pleading guilty is frequently much less severe than the charge and sentence that they would receive if convicted at trial. In this context, defendants must make complex decisions about whether to plead guilty or go to trial. This article draws on cognitive theory and empirical research to identify three potential weaknesses in the current plea system: (a) incentives offered to plead are likely to override considerations of factual guilt or innocence in a way that may be psychologically coercive; (b) groups that are cognitively disposed to pleading guilty when innocent are being offered insufficient protection; and (c) heuristics and biases are likely to influence plea decisions. Potential policy change to reduce these problems, informed by cognitive theory and decision-making research, then follow.

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4

Emerson, Robert M., and Douglas W. Maynard. "Plea Bargaining." Contemporary Sociology 17, no. 1 (January 1988): 64. http://dx.doi.org/10.2307/2069433.

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5

Sohail, Mahreen. "Plea Bargaining." Pleiades: Literature in Context 43, no. 2 (September 2023): 167. http://dx.doi.org/10.1353/plc.2023.a913052.

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6

Majumder, Boivob. "Plea Bargaining — A Comparative Study of India with Foreign Countries." Theory and Practice of Forensic Science and Criminalistics 29, no. 4 (April 18, 2023): 47–67. http://dx.doi.org/10.32353/khrife.4.2022.03.

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Plea bargaining has become more popular as a means of settling court issues all around the world. Plea bargaining’s application, scope, and operation change significantly between common law and civil law regimes. To analyze these differences in regard to different jurisdictions, a comparison between India and the USA (their plea bargaining) has been done in this study. The relative benefits and drawbacks of plea bargaining are up for debate. This is because it is argued that plea bargaining calls into question the primary goals of a trial, which are to establish the truth and uphold justice. It is without dispute that India needs a framework for speedy justice administration. Indian courts are being battered by the rise in criminal cases. Prisons are now overflowing with inmates who are being held without a trial due to the ongoing delays in case resolution. India has developed plea bargaining (as a response to this sad status of the judicial system), which was acknowledged as a trustworthy strategy for concluding open cases and accelerating the criminal justice system. According to the then-Chief Justice of India, Y. K. Sabharwal (2005-2007), the introduction of plea bargaining in India would not only expedite the criminal justice system but also serve as a restorative form of justice where victims would be equal stakeholders and receive sufficient compensation. However, despite years of conceptualization, the Indian criminal justice system has yet to adopt plea bargaining. The paper attempts to research whether plea bargaining in India in its present form and structure is adequate to achieve that goal by weighing its advantages and disadvantages in the context of the Indian judicial system. Given the above, it is proposed to introduce changes to this contemporary dispute resolution mechanism.

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7

Jacobsen, John G. "Plea Bargaining's Triumph: A History of Plea Bargaining in America." History: Reviews of New Books 31, no. 4 (January 2003): 143–44. http://dx.doi.org/10.1080/03612759.2003.10527475.

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8

Flynn, Asher. "'Fortunately We in Victoria Are Not in That UK Situation': Australian and United Kingdom Perspectives on Plea Bargaining Reform." Deakin Law Review 16, no. 2 (December 1, 2011): 361. http://dx.doi.org/10.21153/dlr2011vol16no2art107.

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The polarisation between consistency, controls and the unscrutinised discretionary powers held by criminal justice agencies is a complex issue that transcends jurisdictions. In the Australian State of Victoria, this conflict is particularly evident in the prosecutor’s decision-making powers in the plea bargaining process, because these powers are not subject to scrutiny and the decisions made under them are not transparent. Furthermore, plea bargaining itself is a non-formalised and unscrutinised method of case resolution. While the use of discretion is an important component of prosecutorial work, it is the potentially individualised and idiosyncratic nature of unscrutinised discretionary decisions that results in plea bargaining and prosecutorial decision-making in Victoria giving rise to perceptions of inappropriateness and misconduct. Drawing upon the voices of Victorian and United Kingdom legal professionals, this article critically analyses the controls placed on United Kingdom prosecutors by the Attorney General’s Guidelines on the Acceptance of Pleas and the Prosecutor’s Role in the Sentencing Exercise 2009 (UK), and considers whether similar guidelines could be implemented in Victoria to redress problems surrounding the idiosyncratic nature of prosecutorial decision-making in plea bargaining. By offering a unique insight into the perspectives of those involved in plea bargaining, this article explores the benefits of implementing a transparent and scrutinised control on prosecutorial discretion in plea bargaining, and considers whether this would in turn offer greater safeguards, consistency and transparency of prosecutorial decision-making in Victoria.

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9

Kim, Jeong-Yoo. "Credible plea bargaining." European Journal of Law and Economics 29, no. 3 (August 18, 2009): 279–93. http://dx.doi.org/10.1007/s10657-009-9121-y.

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10

Paciocco, Palma. "Seeking Justice by Plea: The Prosecutor’s Ethical Obligations During Plea Bargaining." McGill Law Journal 63, no. 1 (December 13, 2018): 45–88. http://dx.doi.org/10.7202/1054351ar.

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Canadian Crown prosecutors enjoy tremendous discretionary power. They can leverage this power during plea bargaining by structuring the terms of plea deals and by engaging in aggressive negotiation tactics, thereby exerting a disproportionate influence on plea bargaining processes and outcomes. This article considers how Crowns should wield their power to shape plea bargains in light of their ethical obligation to seek justice. In particular, it considers how Crowns should identify the just case outcomes they will pursue through plea bargaining and assesses which bargaining strategies they should employ or eschew in pursuit of those outcomes. In the process, the article addresses a few especially thorny questions, including: whether Crowns should ever strategically overcharge defendants to facilitate plea negotiations; how Crowns ought to balance the accuracy of criminal charges against the fairness of criminal sentences when the two are in tension; and how Crowns can strike an appropriate balance between plea bargaining fairness and efficient case management. The article offers several concrete policy recommendations aimed at helping Crowns satisfy their ethical obligation to seek justice in the context of plea bargaining.

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11

Almi, Ara Annisa. "Plea Bargaining System as a Non-Litigation Settlement In The Framework of Repositioning Criminal Justice In Indonesia." Andalas Law Journal 8, no. 1 (July 28, 2023): 18. http://dx.doi.org/10.25077/alj.v8i1.40.

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In its development, Plea Bargaining was accommodated into a written rule in 1970, when the court decided the case of Brady v United States. The Plea Bargaining System uses methods in civil law to resolve criminal cases. Indonesia's legal system can adopt the Plea Bargaining concept into the criminal justice system. The drafting team introduced the term Plea Bargaining in the Academic Paper of the Draft Criminal Procedure Code (NA RUU KUHAP). This design is considered different from the initial concept applied in other countries. Therefore, an analysis of legal protection and certainty for justice seekers (justiciabelen) is needed. The research method used is normative juridical, namely by studying secondary data and understanding law as a set of rules related to Plea Bargaining.

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12

Banerjee, Anita. "An Economics Perspective of Plea Bargaining." Shanlax International Journal of Arts, Science and Humanities 7, no. 1 (July 1, 2019): 56–60. http://dx.doi.org/10.34293/sijash.v7i1.498.

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The present study is an attempt to look at plea bargaining from an economics perspective. At the outset it traces the origin of plea bargaining. The study also provides a brief sketch of the concept as interpreted by various Economists. Alongside it highlights some of the key tools of economics which can provide a better understanding and justification of Plea bargaining as a procedure for efficient and cost effective method of resolving cases. The article concludes by stressing upon the need to resort to plea bargaining, keeping in mind both the costs as well as a tool to act as deterrence.

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13

Amelia Putrina Lumbantobing, Sudirman Sitepu, and Herlambang. "COMPARISON OF PLEA BARGAINING IN THE UNITED STATES WITH “SPECIAL LINE” IN THE DRAFT BOOK OF CRIMINAL PROCEDURE CODE (KUHAP) IN INDONESIA." Bengkoelen Justice : Jurnal Ilmu Hukum 13, no. 2 (December 17, 2023): 274–89. http://dx.doi.org/10.33369/jbengkoelenjust.v13i2.31572.

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Plea Bargaining is a faster and more efficient way of resolving criminal cases, where if the Defendant has admitted guilt, the Defendant or his attorney can make an agreement with the public prosecutor regarding the form of indictment and a lighter sentence. Plea Bargaining is widely embraced by Common Law countries. However, in its development, the success of the United States in reducing the pile of cases by using Plea Bargaining has been followed by Civil Law countries such as Germany, France, Russia, Georgia, the Netherlands, Italy, Taiwan. Even in an effort to reform the criminal justice procedural law, Indonesia has also adopted the basic concept of Plea Bargaining into the Draft Criminal Procedure Code with a concept called "Special Line". However, the concept of the Special Line has many differences so that it cannot be fully equated with the Plea Bargaining adopted by the United States. This is because Indonesia adheres to an inquisitorial system, not an adversary system. For this reason, Indonesia needs to study the successes and failures of Plea Bargaining in the United States, so that the Special Line concept that is to be implemented in Indonesia is a concept that has been adapted to the conditions of the criminal justice system in Indonesia. Keywords: Plea Bargaining, Special Line, Guilty Confession

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14

Schneider, Andrea Kupfer, and Cynthia Alkon. "Bargaining in the Dark." New Criminal Law Review 22, no. 4 (2019): 434–93. http://dx.doi.org/10.1525/nclr.2019.22.4.434.

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Plea bargaining is the primary, and unavoidable, method for resolving the vast majority of criminal cases in the United States. As more attention is paid to reform and changes in the criminal legal system, plea bargaining has also come into the spotlight. Yet we actually know very little about what happens during that process—a potentially complex negotiation with multiple parties that can, at different times, include prosecutors, defense counsel, judges, defendants, and victims. Using negotiation theory as a framework, we analyze why more information about the process itself can improve this crucial component of the system. More information—more data—would permit informed judicial oversight of pleas, improve lawyers’ capacities to negotiate on behalf of clients and the state, and increase the legitimacy of the bargaining between parties where one side tends to have far more resources and power. Without increased transparency, many of the players in the criminal legal system are just bargaining in the dark.

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15

Widianto, Monisti Sri, Indriati Amarini, and Ika Ariani Kartini. "PLEA BARGAINING IN REALIZING EFFECTIVE AND EFFICIENT CRIMINAL JUSTICE SYSTEMS." UMPurwokerto Law Review 1, no. 1 (August 5, 2020): 17. http://dx.doi.org/10.30595/umplr.v1i1.8051.

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The condition of the criminal justice system is allegedly full of corrupt practices (judicial corruption), facing the problem of piles of cases that are very severe (overloaded), slow and time-consuming (waste of time), proceed with expensive costs (very expensive), less able to accommodate the sense of justice in society (unresponsive), and too rigid, formal and too technical (nonflexible, formalistic, and technically). There are two problems that will be analyzed in this study, namely First, how plea bargaining can bring about effective and efficient criminal justice. Second, how is the bargaining plea in the Criminal Procedure Code Draft? Research shows that Plea Bargaining is a faster and more efficient case resolution if the defendant pleads guilty. Not only is the guilty plea of the defendant or the lawyer able to make an agreement with the public prosecutor regarding the generally lighter form and duration of the sentence. It is necessary to regulate the mechanism of the implementation of plea bargaining system in the criminal justice process, guarantees of the rights owned by the defendant at the time of plea bargaining mechanism, as well as time limits on each stage of the examination in order to realize an effective and efficient criminal justice.Keywords: Plea Bargaining, Justice, Effective, and Efficient.

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16

Stacyuk, Denis. "On the issue of the procedural interest of a person with whom a pre-trial cooperation agreement is made." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 4 (December 11, 2020): 142–51. http://dx.doi.org/10.35750/2071-8284-2020-4-142-151.

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The article examines the procedural interest as a legal category inherent in the subjects of material and legal relations due to the emergence of criminal-law relations, which, as a carrier of material and legal interests, are aimed at achieving the desired result. The author suggests that the implementation of the legal institution of a plea bargaining forms new substantive relations, entailing the transformation of the substantive law, the procedural interest of the person conclude plea bargaining which forms the basis of the person’s procedural situation. At the same time, the proper legal regulation of a person with whom a plea bargaining was concluded based on the legal nature and purpose of the institution of a plea bargaining is due to ensuring the implementation of the interests of the partners. However, the existing contradiction in the legal regulation of a person with whom a plea bargaining is concluded is not fully ensure the realization of the interests of his accomplices. The subject of the study is the influence of legal relations arising within the framework of a plea bargaining on the procedural position of the person with whom it is concluded the suspect (accused) and his accomplice. The aim of the study is to provide a scientific analysis the legal category of the procedural interest of a person with whom a plea bargaining has been concluded, in aggregate in the formation of the author’s concept of legal regulation of a person with whom a plea bargaining is concluded. Research methods - system analysis, structural, logical, comparative. The results achieved are in the analysis of the legal category of procedural interest, which is inherent in a participant in criminal proceedings. It is stated that the introduction into domestic legal proceedings made it possible to distinguish a new type - a special procedural interest, inherent in a person with whom a plea bargaining was concluded. The idea of the need for a mechanism to ensure the interests of an accomplice of a crime, warning the person with whom a plea bargaining is concluded from responsibility for knowingly giving false testimony is considered.

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17

King, Nancy J., and Susan R. Klein. "Apprendi and Plea Bargaining." Stanford Law Review 54, no. 2 (November 2001): 295. http://dx.doi.org/10.2307/1229398.

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18

Shekhar, Chandra. "Concept of plea bargaining." ACADEMICIA: An International Multidisciplinary Research Journal 11, no. 11 (2021): 373–78. http://dx.doi.org/10.5958/2249-7137.2021.02483.6.

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19

Scott, Robert E., and William J. Stuntz. "Plea Bargaining as Contract." Yale Law Journal 101, no. 8 (June 1992): 1909. http://dx.doi.org/10.2307/796952.

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20

Easterbrook, Frank H. "Plea Bargaining as Compromise." Yale Law Journal 101, no. 8 (June 1992): 1969. http://dx.doi.org/10.2307/796953.

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21

Schulhofer, Stephen J. "Plea Bargaining as Disaster." Yale Law Journal 101, no. 8 (June 1992): 1979. http://dx.doi.org/10.2307/796954.

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22

Smith, Douglas A. "The Plea Bargaining Controversy." Journal of Criminal Law and Criminology (1973-) 77, no. 3 (1986): 949. http://dx.doi.org/10.2307/1143445.

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23

Gaede, Karsten. "Plea Bargaining; Defence Rights." Journal of Criminal Law 72, no. 2 (April 2008): 109–12. http://dx.doi.org/10.1350/jcla.2008.72.2.485.

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24

Lippke, Richard L. "Retributivism and Plea Bargaining." Criminal Justice Ethics 25, no. 2 (June 2006): 3–16. http://dx.doi.org/10.1080/0731129x.2006.9992198.

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25

Siregar, Nella Octaviany. "Plea Bargaining dalam Sistem Peradilan Pidana di Beberapa Negara." Wajah Hukum 3, no. 1 (April 30, 2019): 1. http://dx.doi.org/10.33087/wjh.v3i1.46.

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Plea Bargaining System is widely interpreted as a statement of guilt of a suspect or defendant. Plea Bargaining practised in many countries that have embraced the Common Law legal system. Plea Bargaining that was developed in the common law "legal system" has inspired the emergence of "mediation" in the practice of the judiciary based on the criminal law in the Netherlands and France, known as "transactie". Plea Bargaining is categorized as a settling outside the hearing and their users is also based on specific reasons. Even in the renewal of law criminal justice events in Indonesia, has also picked up the basic concept of plea bargaining that was adopted in the RUU KUHAP with the concept of "Jalur Khusus". That with the presence of the concept of "Jalur Khusus", is also a concern when viewed can enactment back recognition of guilt of the defendant as the basis of the judge's verdict is dropping. The purpose of this paper is to find out, analyze the plea bargaining in some countries. The type of research used is the juridical normative research, using a conceptual approach, comparative approach, historical approach.

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26

Nalungi, Esther. "Alternative Dispute Resolution: The Opportunities and Challenges of COVID-19 for the Plea-Bargaining Model." African Journal of Crime and Justice 2022 (2022): 28–54. http://dx.doi.org/10.47348/ajcj/2022/a2.

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In Uganda, the plea bargaining model has primarily been used as a form of alternative dispute resolution (ADR). Even before the COVID-19 pandemic, prisons across the country grappled with congestion and long pre-trial detentions. The outbreak of COVID-19 augmented these challenges. However, several opportunities, such as the automation of courts through the establishment of an electronic case management information system, online trials, and the reduction of cases without enormous costs, were gained. At the same time, COVID-19 exacerbated the risk of innocent accused entering guilty pleas, especially for offences triable in magistrates’ courts because trials take long. Moreover, Uganda’s criminal justice system is retributive and more concerned with inflicting punishment and suffering on the accused than rehabilitating them. The state is the primary victim of the criminal offence. In contrast, the people harmed by the offence are mere witnesses. Nevertheless, plea bargaining was often conducted in the absence of or without the involvement of the victims of crime. The victims’ rights remained significantly neglected, increasing the lack of trust in the courts. This article examines these issues by discussing plea bargaining as an instance of ADR. The article also explores the opportunities and challenges arising from plea bargaining conducted during the COVID-19 locksdowns by discussing the lived experiences of the accused, victims, and magistrates.

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27

Olaleye, Olugbile David. "An Appraisal of the Use of Plea Bargaining in the Nigerian Justice System." African Journal of Law, Political Research and Administration 6, no. 2 (November 21, 2023): 100–124. http://dx.doi.org/10.52589/ajlpra-fswjypti.

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Plea bargaining as an instrument of justice dispensing has been vilified by many judicial actors and political commentators. This is due to the popular opinion that it favors corrupt high-ranking public and private officials when they are made to face the law. This opinion is anchored on the Marxist school of thought that emphasizes the economic power of the political actors above other societal elements, including the justice system. However, this study reveals that plea bargaining principles also have its merits. Among the identified merits is the fact that plea bargaining helps to reduce the cost of ligation and other associated costs that the State needs to bear in the course of prosecuting corrupt suspects. Also, by deciding cases summarily and speedily through plea bargaining, the court can have time for other cases that need speedy attention thereby ensuring that those concerns receive timely justice. Plea bargaining as an instrument of justice dispensing needs to be encouraged albeit with modifications. The modification should include an element of sufficient deterrence, despite the cooperation of the accused. The essay suggests how to balance the gains of plea bargaining with thorough and truthful dispensing of justice. I submit that plea bargaining is not unjust but there must be a legal framework within the Nigerian justice system that will be a template that will prescribe when, how and for which case the principle can be applied.

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28

Boreiko, Halyna. "CRIMINAL AND LEGAL CONSEQUENCES OF RESTRICTION OF THE PROSECUTOR'S RIGHT TO APPEAL A SENTENCE ON THE BASIS ON A PLEA BARGAINING." Visnyk of the Lviv University. Series Law 74, no. 74 (June 30, 2022): 188–99. http://dx.doi.org/10.30970/vla.2022.74.188.

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The article analyzes the issues of legal regulation of the plea bargaining institution, which in the author's opinion do not contribute to ensuring the implementation of the objectives of criminal proceedings and contradict its principles. It is proved that the restriction of such a right is one of the preconditions for abuse by the prosecutor in concluding a plea bargaining. The author reveals the shortcomings of this institution, which negatively affect the implementation of the prosecutor as a key party to the plea bargaining of its powers and provide the prosecutor with hypothetical opportunities to abuse their rights during the conclusion of such a plea bargaining. The ways to eliminate the identified shortcomings are suggested. The inexpediency of restricting the right of a prosecutor, including a higher-level prosecutor, to appeal a sentence under a plea bargaining is substantiated, as such a restriction is one of the preconditions for abusing the prosecutor's right in concluding such an agreement. Moreover, the research does not identify sufficient grounds to restrict the prosecutor's right to appeal a sentence on the basis on a plea bargaining. The article presents the results of the study of court decisions and materials of criminal cases, which confirm that violations of the Criminal Procedure Code of Ukraine are committed by both prosecutors and judges. Moreover, the article studies the cases of violation of the rights and interests of the person in the conclusion of plea bargaining, which, in connection with the restrictions established by Part 4 of Art 394 of the Criminal Procedure Code of Ukraine, the prosecutor's right to appeal the sentence on the basis on a plea bargaining, remain unresolved. Restricting the right of a prosecutor, including a high-level prosecutor, to appeal a sentence on the basis on a plea bargaining significantly violates the rights and legitimate interests of participants in criminal proceedings and does not contribute to the effective performance of his tasks. It is proposed to secure for the prosecutor the right to appeal the sentence on the basis on a plea bargaining in case the court does not verify the circumstances provided for in Part 7 of Art 474 of the Criminal Procedure Code of Ukraine. At the same time, the author concludes that it is necessary to establish additional grounds for the court's refusal to approve the plea bargaining. As a result, in order to effectively apply this institution, it is necessary to make the significant changes to the legislation.

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29

Olokooba, Saka Muhammed, and M. K. Adebayo. "PLEA BARGAINING: A PANACEA TOWARDS PRISON DECONGESTION IN NIGERIA." Agora International Journal of Juridical Sciences 8, no. 4 (November 23, 2014): 139–48. http://dx.doi.org/10.15837/aijjs.v8i4.1613.

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Against the panoramic view of the criminal justice reform agenda in Nigeria, the plea bargaining procedure is yet to be fully recognized as a major intervention strategy to deal with the problems in the Nigerian criminal justice administration. This paper therefore conceptualized the concept of plea bargaining. The legal basis for plea, the justifications for plea as well as the merits and demerits of the plea are discussed. The paper also highlights the major problems afflicting criminal justice administration and examines the steps being taken to deal with the problems. The emphasis is on strengthening arguments for a mutual acceptance of plea bargaining as a credible exist strategy by both the state and an alleged offender. The way forward in form of recommendations for the expansion and institutionalization of the practice is also discussed.

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30

Bolifaar, Andhy H. "ACCESS TO JUSTICE OF PLEA BARGAINING IN ADDRESSING THE CHALLENGE OF TAX CRIME IN INDONESIA." Scientium Law Review (SLR) 1, no. 1 (June 8, 2022): 1–12. http://dx.doi.org/10.56282/slr.v1i1.52.

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It is crucial and urgent to construct the prevailing law of plea bargaining in the x-factor to generate the ideal of plea bargaining in addressing the challenge of tax crime in Indonesia based on access to the justice concept. The purpose of this study is to show that the use of the normative juridical method is adequate in answering the formulation of existing problems and, at the same time, providing constructive suggestions for these legal issues. Several facts, such as the number of tax crimes and the amount of loss in state revenues that arise, indicate the need to consider law enforcement in the field of taxation with a sociological perspective, one of which is by producing a legal concept in plea bargaining in the taxation sector. Of course, the ideal tax enforcement in renewing plea bargaining in taxes is sufficient to use the idea of access to justice. It is necessary to study legal empiricism on direct taxpayers. However, this normative study can enrich the study of legal empiricism in subsequent research. Access to justice is ideal in building plea bargaining to handle the challenges of tax crimes in Indonesia. The building of the access to justice concept includes regulating taxpayers' good faith, granting taxpayer rights in plea bargaining, and updating the rules for criminal sanctions for fines at each stage of authority.

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31

Triantono, Triantono. "PROSPEK ADOPSI MEKANISME PLEA BARGAINING PADA SISTEM HUKUM COMMON LAW DALAM PEMBAHARUAN SISTEM PERADILAN PIDANA DI INDONESIA." Literasi Hukum 6, no. 1 (April 30, 2022): 38–52. http://dx.doi.org/10.31002/lh.v6i1.5662.

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Upaya untuk menghadirkan suatu sistem peradilan pidana yang sederhana, cepat dan biaya ringan terus dilakukan. Hal ini dimaksudkan agar peradilan pidana yang berjalan dapat menghadirkan kepastian, keadilan dan kemanfaatan. Tujuan tersebut masih terhambat oleh peradilan pidana yang tidak efisien, orientasi hanya pada kuantitas perkara, serta kekaburan atas kualitas keadilan subtantif. Salah satu peluang adalah dengan memasukkan konsep plea bargaining dalam rancangan RKUHAP. Penelitian ini berupaya untuk menjawab 2 (dua) rumusan masalah, yaitu: Pertama, bagaimana konsep dan penerapan Plea bargaining System dalam sistem hukum common law (Amerika Serikat)? Kedua, bagaimana prospek penerapan Plea bargaining System dalam pembaruan sistem peradilan pidana di Indonesia?. Penelitian ini merupakan penelitian juridis normative melalui studi pustaka dan dianalisis secara diskriptif kualitatif untuk menjawab persoalan penelitian. Hasil penelitian menunjukan bahwa di Amerika Serikat plea bargaining dilakukan pada tahap arraignment dan preliminary hearing. Dengan penerapan plea bargaining system, Amerika Serikat mampu menangani banyaknya perkara yang masuk sehingga sistem peradilan pidana di Amerika Serikat mampu mencegah keluarnya biaya yang tinggi dan waktu yang panjang. Plea bargaining memiliki prospek dan dapat diadopsi sebagai legal problem solving di Indonesia dengan syarat pertama, Masih diperlukannya pengaturan lebih lanjut mengenai jalur khusus dalam Rancangan KUHAP ini, antara lain mengenai prosedur dan manajemen pelimpahan perkara dari acara pemeriksaan biasa ke acara pemeriksaan singkat. Kedua, Perlunya penyesuaian batasan maksimum pidana yang diatur dalam jalur khusus, yang mana harus disinkronisasikan dengan maksimum pidana pada acara pemeriksaan singkat

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Wu, Chenkai. "The Leading Role of the Procurator in China's Plea Bargaining Process." Asian Journal of Social Science Studies 7, no. 4 (April 14, 2022): 70. http://dx.doi.org/10.20849/ajsss.v7i4.1093.

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The leniency system for plea bargaining in China is a plea bargaining system similar to plea bargaining in the United States. With the substantial increase in the application rate of the leniency system for plea guilty and accepting punishment, the criminal policy of "fewer arrests, careful prosecution and prudence" has become its due meaning. In China, the functions of censorship, arrest and prosecution are exercised by prosecutors. The burden of powers and responsibilities of prosecutors allows prosecutors to have procedural decision-making power and substantive disposition power in the plea bargaining process, that is, the procuratorial dominance. In the context of fewer arrests, prudent prosecution and prudent detention, prosecutors have greater discretion over arrest and prosecution during the plea negotiation process, coupled with the high adoption rate of sentencing suggestions in practice, the expansion of prosecutors’ substantive disposition powers, and the procuratorial dominance further highlighted. However, we must clarify the relationship between procuratorial power and sentencing power, clarify the status and responsibilities of prosecutors, and further improve the leading role of prosecutors.

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Gravel, Sylvie. "La négociation des plaidoyers de culpabilité : une pratique hétérogène." Criminologie 24, no. 2 (August 16, 2005): 5–29. http://dx.doi.org/10.7202/017307ar.

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This article presents the principal results of a study on plea bargaining at the Montreal Justice Hall. Various methods were adopted: observations, a thorough study of the files, interviews and analyses of the judicial statistics. The results show that negotiations vary considerably depending on the gravity of the offence concerned. In the case of a minor charge or a murder charge, the characteristics as well as the stakes and consequences of the plea bargaining are very different. In minor cases, the negotiations are reduced to their simplest form. They are a routine process of cooperation between the parties rather than bargaining to get an admission of guilt by promising the accused a reduced charge or sentence. On the contrary, the negotiations in murder cases take the traditional form of plea bargaining in which the power struggle is dominant. The study shows that it is in cases of murder than plea bargaining presents most difficulties.

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Kumari, Riya, Dr Ankita Shukla, and Aarti Rawal. "An Analysis of the Use of Plea Bargaining in Criminal Cases: Pros and Cons." April-May 2023, no. 33 (April 10, 2023): 9–13. http://dx.doi.org/10.55529/jls.33.9.13.

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The defendant agrees to plead guilty to a lower charge or to a reduced sentence in return for avoiding the possibility of receiving a sentence that is more severe. This is a widespread practice in the criminal justice system. The usage of plea bargaining in criminal cases is analyzed and examined in this research article, along with the benefits and drawbacks connected with this practice. According to the findings of the research, the process of entering into a plea bargain has a number of benefits, such as the speedy resolution of cases and the reduction in costs; however, it also has a number of disadvantages, such as the potential for coercion, unequal bargaining power, and the possibility of injustice.

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Fratama, Rezky Abdi. "JALUR KHUSUS (PLEA BARGAINING) DALAM HUKUM ACARA PIDANA." Badamai Law Journal 5, no. 2 (October 5, 2021): 230. http://dx.doi.org/10.32801/damai.v5i2.10755.

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Apart from analyzing, this research aims to know whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality Principle. Moreover, the research aimed to analyze how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law in future. The used research method is normative legal research that focuses on exploring whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality. The second focus is to explore how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law for the future. This research uses the approach of legislation (Statute Approach), primarily Law No. 8 of 1981 on the Criminal Procedure code, along with all its implementing regulations and other relevant legislation, conceptual approach (Conceptual Approach), especially about the special pathways (Plea Bargaining), and comparative approach (Comparative Approach) specifically the arrangement of plea bargaining in other countries such as the United States, Canada, United Kingdom, France, Georgia, Poland and Italy. The research results, namely the Jalur Khusus (Plea Bargaining) concept in settlement of criminal cases, are not appropriate or contrary to the Legality Principle. The reason is the system of proof, and formal truth will be hindered. According to an article in 3 KUHAP, it is already explicitly mentioned that the judiciary is carried out in the way stipulated in the law a quo. The legal arrangement of the concept of "Jalur Khusus" in the Criminal Procedural Law for the future in accordance with the context of the criminal justice system in Indonesia. Also, following the Principle of simple justice quickly and lightly costs are clarifying the negotiating parties in a special line, things negotiated in a special line, adding regulation of stages in a special path, criminal acts that can use special channels, and the form of agreement and binding power in jalur khusus.

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Omeri, Sheryn. "Guilty Pleas and Plea Bargaining at the icc: Prosecutor v. Ongwen and Beyond." International Criminal Law Review 16, no. 3 (May 27, 2016): 480–502. http://dx.doi.org/10.1163/15718123-01601007.

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In 2015, after over ten years in operation, the International Criminal Court (icc) came as close as it has arguably ever come to receiving a guilty plea from an accused. In a television interview, alleged former brigade leader in the Lord’s Resistance Army, Dominic Ongwen, apparently asked Ugandans to forgive him for ‘all the atrocities I committed’. This caused speculation about whether the Office of the Prosecutor (otp) would and should enter into plea negotiations with Ongwen with a view to obtaining a guilty plea. This article explores the legal, practical and ethical questions associated with the seeking and obtaining of guilty pleas in the context of proceedings before the icc. It aims to provide pragmatic suggestions for the obtaining of guilty pleas while observing the highest standards of fairness to accused persons.

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CHENG, Kevin Kwok-yin. "The Practice and Justifications of Plea Bargaining by Hong Kong Criminal Defence Lawyers." Asian Journal of Law and Society 1, no. 2 (June 23, 2014): 395–412. http://dx.doi.org/10.1017/als.2014.11.

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AbstractUnlike Western common-law jurisdictions where plea bargaining has been acknowledged, official discourse in Hong Kong denies the existence of plea bargaining. However, defence lawyers are staunch supporters of its use behind the scenes. Using in-depth, semi-structured interviews with Hong Kong criminal defence lawyers, it was found that lawyers’ justifications are based on four main grounds: it is non-coercive because the final decision is left to the accused; negotiations avoid the risks of trials; plea bargaining is a practical solution that is in the best interests of the client and the state; and the courts implicitly tolerate the practice. The findings can be explained by Eisenstein and Jacob’s (1991) courtroom workgroup model. The present study seeks to bridge the gap in the literature where plea bargaining has only been discussed predominately in the context of Western common-law jurisdictions.

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Faza da Silveira Fernandes, Geovana. "SISTEMA NORTE-AMERICANO DO PLEA BARGAINING E O PROVÁVEL OCASO DO TRIAL BY JURY." Isagoge - Journal of Humanities and Social Sciences 2, no. 4 (October 1, 2022): 25–38. http://dx.doi.org/10.59079/isagoge.v2i4.111.

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Visa-se, neste trabalho, refletir brevemente sobre o sistema norte-americano denominado Plea Bargaining, abordando algumas de suas características, levando-se em conta, principalmente, sua relação com o Trial by Jury, como direito constitucional assegurado pela Sexta Emenda Constitucional. Analisa-se, também, sua atual prevalência sobre o tribunal do júri, fato que é demonstrado por meio de pesquisas norte-americanas que levantaram o número de casos submetidos ao Plea Bargaining nos últimos tempos. E a questão que se coloca é que se a máquina do Plea Bargaining seria o provável ocaso do Trial by Jury, em referência a artigo de autoria de George Bisharat. Aborda-se, assim, questões referentes a custos com o full trial, em contraposição a alegados benefícios do acordo em matéria criminal e do Plead of Guilty. O presente trabalho parte de abordagem qualitativa, recorrendo-se a aportes teóricos sobre o tema e a pesquisa documental, sem a pretensão de responder ao questionamento proposto, mas com o objetivo de trazer reflexões sobre alguns problemas que a máquina da justiça consensual, tal como operada nos dias de hoje nos EUA, tem enfrentado, principalmente no que concerne ao perigo de punição de inocentes.

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Clark, J. N. "Plea Bargaining at the ICTY: Guilty Pleas and Reconciliation." European Journal of International Law 20, no. 2 (April 1, 2009): 415–36. http://dx.doi.org/10.1093/ejil/chp034.

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Hamin, Zaiton, and Ahmad Ridhwan Abd Rani. "Negotiating for Justice: Judge's Perception of the Plea-Bargaining Process in Malaysia." GATR Global Journal of Business Social Sciences Review 7, no. 1 (February 20, 2019): 27–32. http://dx.doi.org/10.35609/gjbssr.2019.7.1(4).

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Objective - This paper aims to examine the role of judges and the reality of the plea-bargaining process from the perspective of the judiciary, focusing primarily on their perceptions on the new law and their role and the problems facing them in implementing the law. Methodology/Technique - This paper adopts a qualitative methodology, in which the primary data is obtained from semi-structured interviews with 20 respondents comprising of the stakeholders in the criminal justice system. The secondary data is obtained from analysing the CPC and other library-based sources. Findings - The research reveals that judges are facing some problems derived from the law itself which makes the new plea-bargaining process unappealing to them. Consequently, judges have invented their solutions either by reverting to the old practice or imposing on the parties their terms in disposing of the case through judge-prompted plea-bargain. Novelty - This paper is significant in providing some evidence of the procedural difficulties faced by judges in hearing plea-bargaining application at the pre-trial stage. Type of Paper - Review Keywords: Criminal Procedure; Judiciary; Pre-trial Stage; Plea-Bargaining Process; Plea of Guilty. JEL Classification: K40, K49

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Hermawati, Rifi. "Studi Perbandingan Hukum “Plea Bargaining System” di Amerika Serikat dengan “Jalur Khusus” di Indonesia." Jurnal Hukum Lex Generalis 4, no. 1 (January 1, 2023): 102–15. http://dx.doi.org/10.56370/jhlg.v4i1.351.

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Plea Bargaining berkembang di Negara Amerika Serikat. Diartikan sebagai suatu negosiasi antara penuntut umum dengan tertuduh atau pembelanya supaya proses penyelesaian perkara pidana terlaksana dengan cepat dan efektif. Plea Bargaining menjadi dasar dibentuknya konsep “jalur khusus” di Indonesia dalam pasal 199 RUU KUHAP. Kedua konsep tersebut mengusung mekanisme Pemeriksaan Singkat. Perbedaannya dalam “jalur khusus” terdakwa tidak dapat bernegosiasi dengan jaksa mengenai dakwaan atau ancaman hukuman karena pengakuan bersalah terdakwa dilakukan di depan hakim saat persidangan serta “jalur khusus” digunakan terhadap tindak pidana yang memiliki ancaman tidak lebih dari 7 (tujuh) tahun sedangkan Plea Bargaining berlaku untuk segala jenis tindak pidana.

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Miller, Richard B. "The Epistemology of Plea Bargaining." Social Epistemology 34, no. 5 (April 16, 2020): 501–12. http://dx.doi.org/10.1080/02691728.2020.1737888.

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Slovenko, Ralph. "Consulting Editor's Editorial: Plea Bargaining." International Journal of Offender Therapy and Comparative Criminology 42, no. 2 (June 1998): 108–10. http://dx.doi.org/10.1177/0306624x9804200202.

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Palermo, George B., Maxine Aldridge White, Lew A. Wasserman, and William Hanrahan. "Plea Bargaining: Injustice for all?" International Journal of Offender Therapy and Comparative Criminology 42, no. 2 (June 1998): 111–23. http://dx.doi.org/10.1177/0306624x9804200203.

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Sabor, Monika. "Plea Bargaining: A Neglected Issue?" Probation Journal 32, no. 4 (December 1985): 139–42. http://dx.doi.org/10.1177/026455058503200405.

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Bovarnick, Jeff A. "Plea Bargaining in the Military." Federal Sentencing Reporter 27, no. 2 (December 1, 2014): 95–107. http://dx.doi.org/10.1525/fsr.2014.27.2.95.

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Mongrain, Steeve, and Joanne Roberts. "Plea bargaining with budgetary constraints." International Review of Law and Economics 29, no. 1 (March 2009): 8–12. http://dx.doi.org/10.1016/j.irle.2009.01.003.

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Gorr, Michael. "The Morality of Plea Bargaining." Social Theory and Practice 26, no. 1 (2000): 129–51. http://dx.doi.org/10.5840/soctheorpract20002617.

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Jong-Pil Byun. "Summary Procedure and Plea Bargaining." Korean Journal of Comparative Criminal Law 12, no. 2 (December 2010): 183–216. http://dx.doi.org/10.23894/kjccl.2010.12.2.008.

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Zipperstein, Steven E. "Relevant Conduct and Plea Bargaining." Federal Sentencing Reporter 4, no. 4 (January 1, 1992): 223–33. http://dx.doi.org/10.2307/20639451.

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