Plea Bargaining Research Paper
The famous quote of Indian Jurist and leading lawyer Nani Palkhivala, ”The greatest drawback of the administration of justice in India today is because of delay of cases…The law may or may not be an ass, but in India, it is certainly a snail and our cases proceed at a pace which would be regarded as unduly slow in the community of snails. Justice has to be blind but I see no reason why it should be lame. Here it just hobbles along, barely able to work. ” After the US has experimented, reformed and practiced the process of plea bargaining in the 19h Century, India, a century after, discussed the provisions and this brought plea bargaining in very limited cases in a limited manner. Plea bargaining is essentially derived from the principal of …show more content…
The Supreme Court in Kachhia Patel Shantilal Koderlal v. State of Gujarat and Anr. strongly disapproved the practice of plea bargaining. It observed that practice of plea bargaining is unconstitutional, illegal and would tend to encourage corruption, collusion and pollute the pure front of justice. In yet another case Kripal Singh v. State of Haryana observed that neither the Trial court nor the High Court has jurisdiction to bypass the minimum sentence prescribed by Law on the premise that a plea bargain was adopted by the …show more content…
Natwar Harchandji Thakur , as an alternative measure of redressal to deal with huge arrears in criminal cases. The court reasoned the change as follows: ―the very object of law is to provide easy, cheap and expeditious justice by resolution of disputes, including the trial of criminal cases and considering the present realistic profile of the pendency and delay in disposal in the administration of law and justice, fundamental reforms are inevitable. There should not be anything static. It can thus be said that it is really a measure and redressal and it shall add a new dimension in the realm of judicial reforms.” The law commission of India advocated the introduction of Plea Bargaining in the 142th, 154th & 177th reports. The 154th report of the Law commission recommended the new XXI A to be incorporated in the criminal procedure code. Based on recommendation of the Law Commission, the new chapter on plea bargaining was brought in as a result of criminal law reforms introduced in 2005 . The Cr.P.C. Chapter XXI A, allows plea bargaining to be used in criminal cases
Research Paper On Oj Simpson Goldman
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Pros And Cons Of Plea Bargaining
737 Words | 3 PagesA second disadvantage is that some may say that plea bargaining is unconstitutional since every American citizen has the right to trial by jury (Tapscott, 2017). According to those who oppose plea bargains, there is nothing free or fair about the choice that the plea bargains present (Klau,2013). Adding that defendants are asked to make the choice under pressure because of the possible charges and prison time they face if they don’t accept the plea bargain(Klau,2013). With this in mind, plea bargain can result into unjust sentencing for the
Role Of Plea Bargaining In Criminal Justice
352 Words | 2 Pages• Plea-bargaining weakens the criminal justice system with the concept that if all cases went to trial the court system would be unable to support the workload. This is a factor that can be disputed by jurisdictions that have ban plea bargaining and continued to operate appropriately. Plea-bargaining is known as the agreement in a criminal court proceeding that is made between a defendant and a prosecutor. Plea bargains typically involve a lesser sentence in return for an omission of wrongdoing. Plea bargains do not forsake the criminal justice system, however they do allow for a speedy exit strategy for prosecutors.
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Plea Bargaining In Criminal Cases
601 Words | 3 PagesIn the United States court system, many criminal cases are not resolved in a timely manner. One of the more common ways in which many cases are resolved quickly is through plea bargaining. Plea bargaining is defined as an agreement between defense attorneys and prosecutors. (Spohn & Hemmens, 2012) Alschuler (1979) describes plea bargaining as the self-conviction act of a defendant. Today, approximately ninety percent of defendants plead guilty because of plea bargaining.
Why Is Plea Bargaining Unfair
1485 Words | 6 PagesIn conclusion in my opinion plea bargaining could be perfect for some people that have not committed a crime but the evidence against them is too much, and they know that there is a greater possibility that they will be convicted of the offense. In some cases, people get off easy and do not have to suffer like that
Plea Bargaining In The Criminal Justice System
987 Words | 4 PagesThe United States criminal justice system is riddled with cases of many varieties. Some have obvious outcomes while others warrant more detailed analysis. However, some cases go beyond the court into other courts, where they are decided, such as Jackson versus Hobbs in 2012. The courts try to lighten the load of cases they have by offering plea bargaining, an agreement among a defendant and a prosecutor in which the defendant pleads guilty to a charge that is less severe than what he or she is initially charged for in the hopes that clemency will be administered. Sometimes, however, people accused of a crime are completely innocent, and it is not until technology is released, such as DNA testing, decades later that these people are proved to
The Constrained Court
429 Words | 2 PagesLastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).
Oj Simpson Research Paper
727 Words | 3 PagesThe OJ Simpson murder case was a criminal trial held at the Los Angeles County Superior Court, in which former NFL player OJ Simpson was tried on two counts of murder for the death of his ex-wife Nicole Brown Simpson and her friend, Ron Goldman. He was found not guilty even though there were numerous counts of evidence that showed that OJ was the one who killed his ex-wife, Nicole Brown Simpson, and Ron Goldman. OJ Simpson should have been guilty of murdering Nicole because there was DNA evidence, he had dreams of killing Nicole Simpson, and jealousy could have been the motive that led him to kill Nicole. There was blood found at the crime scene that traced back to OJ’s DNA. Marcia Clark, the lead prosecutor of the murder case, revealed that a blood drop found near the bodies of Nicole Brown Simpson and Ronald Goldman has been linked to OJ Simpson through RFLP testing - the highest level of DNA examination, commonly known as a genetic fingerprint.
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