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Journal articles on the topic 'Plea bargaining'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Adv., Benedict Colman Mushi, and Fransisco Damasi Dr. "The Constitutionality of Plea bargaining in Tanzania." Global Journal of Arts Humanity and Social Sciences 4, no. 12 (2024): 1136–40. https://doi.org/10.5281/zenodo.14499049.

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This study rigorously analyzes the legitimacy of plea bargaining in Tanzania, as delineated in the Criminal Procedure Act Cap 20. Additionally, the article examines the whole bargaining process in criminal cases. Plea bargaining is used to facilitate the prompt resolution of criminal cases. Plea bargaining is intended to shun complicated court proceedings; to reduce the congestion in the prisons in Tanzania; to save time and cost of the government revenues. Despite the good reasons, the plea bargaining is still faced by several challenges. It is considered that the plea bargaining is sometime

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2

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 (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.

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Watson, Duncan. "The Attorney General's Guidelines on Plea Bargaining in Serious Fraud: Obtaining Guilty Pleas Fairly?" Journal of Criminal Law 74, no. 1 (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 ar

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4

Helm, Rebecca K. "Cognitive Theory and Plea-Bargaining." Policy Insights from the Behavioral and Brain Sciences 5, no. 2 (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

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Majumder, Boivob. "Plea Bargaining — A Comparative Study of India with Foreign Countries." Theory and Practice of Forensic Science and Criminalistics 29, no. 4 (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. I

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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 (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

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7

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

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8

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

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9

Paciocco, Palma. "Seeking Justice by Plea: The Prosecutor’s Ethical Obligations During Plea Bargaining." McGill Law Journal 63, no. 1 (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 sho

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10

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

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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 (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 just

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Stephen, Charity, and John A. Fadahunsi. "Impact of Plea-Bargaining on the Criminal Justice System in Takum Metropolis." International Journal of Education, Culture, and Society 3, no. 1 (2025): 179–99. https://doi.org/10.58578/ijecs.v3i1.4718.

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The study examines impact of plea bargaining on the criminal justice system in Takum Metropolis. The objectives of the study were to assess the impact of plea bargaining on the efficiency of the criminal justice system in Takum Metropolis, Taraba State and identify the challenges and barriers to effective implementation of plea bargaining in Takum Metropolis, Taraba State. The study adopted the use of descriptive survey research design. The sample size for the study was 46 respondents which was the total number of staff working in Nigeria Correctional Service Medium Security Custodial Center T

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Parindo, Dhandy, Yusuf Daeng, Anton Surya Atmaja, Hapis Reski Putra, and Hendri Berson. "Konstruksi Hukum Justice Collaborator Sebagai Plea Bargaining dalam Sistem Hukum Pidana Indonesia dari Kasus Richard Eliezer." Jurnal Hukum Indonesia 3, no. 4 (2024): 177–85. http://dx.doi.org/10.58344/jhi.v3i4.1143.

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Sistem hukum pidana Indonesia menghadapi isu serius terkait konsep justice collaborator dan plea bargaining. Kasus Richard Eliezer, seorang polisi yang terlibat dalam pembunuhan, mencerminkan perubahan penerapan kedua konsep tersebut. Penelitian ini bertujuan untuk menganalisis penerapan plea bargaining dalam konteks hukum Indonesia serta implikasinya terhadap sistem peradilan. Penelitian ini menggunakan pendekatan normatif-empiris untuk menganalisis regulasi terkait justice collaborator dan praktik plea bargaining. Data dikumpulkan melalui kajian literatur dan analisis kasus Richard Eliezer.

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Banerjee, Anita. "An Economics Perspective of Plea Bargaining." Shanlax International Journal of Arts, Science and Humanities 7, no. 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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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 (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

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16

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, esp

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17

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

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18

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

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19

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 (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 barg

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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 (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

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Alimuddin, Alimuddin, Muh Zuhud Al-Khaer Zahir, Muh Firdaus Rasyid, and Muh Fichriyadi Hastira. "PLEA BARGAINING DALAM RANCANGAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA NEGARA INDONESIA." Legal Standing : Jurnal Ilmu Hukum 8, no. 2 (2024): 418–30. http://dx.doi.org/10.24269/ls.v8i2.9213.

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The purpose of this study is to evaluate the legal political structure and the level of urgency of the Plea Bargaining System in the Draft Criminal Procedure Code. Normative legal research is the type of research used. The study of legal issues relating to norms is emphasized in legal research techniques. This method will concentrate on looking at legal reality from the point of view of the legal substance that regulates and is still developing. The findings of this study indicate that the Plea Bargaining system in the Draft Criminal Procedure Code is needed. This is indicated by the fact that

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22

Siregar, Nella Octaviany. "Plea Bargaining dalam Sistem Peradilan Pidana di Beberapa Negara." Wajah Hukum 3, no. 1 (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

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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 (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 th

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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 (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 opport

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Situmeang, Sahat Maruli Tua, Diah Pudjiastuti, and Subagyo Sri Utomo. "PLEA BERGAINING SYSTEM SEBAGAI PENYELESAIAN TINDAK PIDANA NARKOTIKA DI INDONESIA." Res Nullius Law Journal 6, no. 2 (2024): 98–110. http://dx.doi.org/10.34010/rnlj.v6i2.12949.

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Latar belakang penelitian ini didasarkan pada tingginya angka kasus narkotika yang membebani sistem peradilan pidana, serta perlunya solusi efektif untuk mengurangi penumpukan perkara dan memberikan keadilan yang lebih efisien. Tujuan dari penelitian ini adalah pertama, menganalisis penerapan sistem plea bargaining dalam tindak pidana narkotika dalam sistem peradilan pidana di Indonesia, kedua, menganalisis manfaat dan tantangan yang dihadapi penerapan sistem plea bargaining dalam tindak pidana narkotika dalam sistem peradilan pidana di Indonesia. Metode penelitian yang digunakan adalah kualit

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Herdino Fajar Gemilang and Rosalia Dika Agustanti. "Penggunaan Plea Bargaining dalam Sistem Peradilan Pidana: Menyeimbangkan Efisiensi dan Keadilan." Jurnal Interpretasi Hukum 4, no. 3 (2023): 422–31. https://doi.org/10.22225/juinhum.4.3.8029.422-431.

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Tujuan dari penelitian ini adalah untuk memberikan penjelasan tentang plea bargaining sebagai sarana penyelesaian kasus pidana dan untuk mengetahui faktor-faktor yang menyebabkan pentingnya pemahaman yang kuat tentang sistem plea bargaining dalam kaitannya dengan upaya yang sedang berlangsung untuk meningkatkan penyelenggaraan peradilan di Indonesia. Artikel ini memberikan solusi permasalahan hukum atas permasalahan penumpukan perkara pidana di Indonesia, yaitu melalui penerapan sistem plea bargaining dalam reformasi sistem peradilan bagi pelaku tindak pidana. Meskipun berbagai negara memiliki

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Adebanjo, Olusegun Temitope, and Nkechi Aluko. "The Effectiveness of Plea Bargaining in High-Profile Corruption Cases in Nigeria: Analyzing Sentencing Trends, Judicial Discretion, and Public Perception (2010-2024)." Law and Economy 4, no. 2 (2025): 24–31. https://doi.org/10.56397/le.2025.02.04.

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Plea bargaining has become a controversial yet integral component of Nigeria’s judicial system, particularly in high-profile corruption cases. While it was introduced as a means to expedite legal proceedings, reduce judicial backlog, and facilitate asset recovery, its application has raised serious concerns about judicial fairness, political interference, and the erosion of deterrence against corruption. This study examines the effectiveness of plea bargaining in Nigeria (2010-2024) by analyzing sentencing trends, judicial discretion, public perception, and economic-political implications. Fin

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Seraphinus Mariano Agung Serman and Umi Rozah. "Regulation of Plea Bargaining Policy as a Novelty in Criminal Justice System to Create Effective and Efficient Criminal Law Enforcement: A Study of Ruu Kuhap." Journal of Law, Politic and Humanities 5, no. 4 (2025): 2304–15. https://doi.org/10.38035/jlph.v5i4.1454.

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The criminal justice system in Indonesia faces various challenges, such as lengthy judicial processes and case backlogs in the courts. To address these issues, reforms in the criminal justice system are necessary, one of which is the implementation of "Plea Bargaining." This writing is very beneficial as it examines the regulation of plea bargaining in the Draft Criminal Procedure Code (RUU KUHAP). The regulation of plea bargaining in the Indonesian criminal justice system provides benefits in creating an effective and efficient criminal law enforcement process, allowing cases to be resolved m

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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 (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 st

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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 (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

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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 numbe

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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 (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 enforcemen

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Triantono, Triantono. "PROSPEK ADOPSI MEKANISME PLEA BARGAINING PADA SISTEM HUKUM COMMON LAW DALAM PEMBAHARUAN SISTEM PERADILAN PIDANA DI INDONESIA." Literasi Hukum 6, no. 1 (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 bargai

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Abdugafforov, Abbosjon. "Plea Bargaining: Concept, Legal Framework, And Conditions of Conclusion." International Journal of Law And Criminology 5, no. 6 (2025): 25–26. https://doi.org/10.37547/ijlc/volume05issue06-06.

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This article explores the concept of plea bargaining, its legal foundations, and the conditions under which such agreements are concluded. The study focuses on the relevance of plea agreements in modern criminal procedure, their role in ensuring the efficiency of justice, and the protection of the rights of both the accused and the victim. The article also analyzes international practices and highlights the significance of procedural safeguards in the implementation of plea bargains. Special attention is paid to the legal criteria required for a valid plea agreement, including voluntariness, f

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M. Hilmi Miftahzaen Reza, Mahrus Ali, and Ribut Baidi. "Asset Confiscation in Corruption Cases through Plea Bargaining System: Should Indonesia Learn From Nigeria?" Contemporary Issues in Criminal Law 1, no. 1 (2024): 63–80. https://doi.org/10.20885/cicl.vol1.iss1.art4.

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Plea bargaining system is a procedure of bargaining for punishment between the prosecutor and the suspect or defendant on the basis of an admission of guilt from the latter party. This system leads to recovering the assets due to the lengthy period for asset confiscation process. This study aims to investigate the urgency of the plea bargaining system to be applied in confiscating the assets of perpetrators of corruption and the idea of its application in criminal procedural law in Indonesia. This is a doctrinal legal research focusing on the use of the statutory, conceptual, and comparative a

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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 (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

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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 (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

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Gravel, Sylvie. "La négociation des plaidoyers de culpabilité : une pratique hétérogène." Criminologie 24, no. 2 (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 be

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Fratama, Rezky Abdi. "JALUR KHUSUS (PLEA BARGAINING) DALAM HUKUM ACARA PIDANA." Badamai Law Journal 5, no. 2 (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

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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 (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

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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 (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

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Leclerc, Chloé, and Elsa Euvrard. "Pleading Guilty: A Voluntary or Coerced Decision?" Canadian Journal of Law and Society / Revue Canadienne Droit et Société 34, no. 3 (2019): 457–78. http://dx.doi.org/10.1017/cls.2019.33.

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AbstractThe empirical literature on plea decisions shows that rational motives and coercion may coexist, but there is uncertainty with regard to whether accused feel that their decision is voluntary or made under considerable pressure. However, in most jurisdictions, the legitimacy of the plea bargaining process rests on the Court’s obligation to ensure that the guilty plea is entered voluntarily and knowingly. This study proposes to understand how the accused interpret the rational or coercive elements of their decision-making process and the extent to which their decision to plead guilty is

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Oliveira, Thiago Fernandes Aguiar de. "JUSTIÇA PROCESSUAL PENAL E A DELAÇÃO PREMIADA: UM OLHAR SOB A ÓTICA DO ACORDO DE PERSECUÇÃO PENAL." Revista ft 28, no. 139 (2024): 24–25. http://dx.doi.org/10.69849/revistaft/ar10202410311324.

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Plea bargaining, formally established more comprehensively in Brazil by Law No. 12,850/2013, has become a crucial tool in the fight against organized crime and corruption. It allows accused individuals to cooperate with authorities in exchange for legal benefits, such as reduced sentences. The intensive use of plea bargaining in cases like Operation Car Wash has highlighted its importance and effectiveness, while also raising debates about its implications and challenges. This study aims to analyze the impact of plea bargaining on the Brazilian criminal justice process, emphasizing its relevan

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

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

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

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

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

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