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Plea Bargaining Case Study

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1.0 INTRODUCTION The Parliament passed the Criminal Procedure Code (Amendment) Act 2010 (Act A1378) and the Royal assent was obtained on June 2 of 2010. Act A1378 was gazetted on June 10 of 2010. In regards to the operation of plea bargaining as set out in Act A1378, there are few features to be noticed. Firstly, plea bargaining is allowed in all offences regardless of their gravity, including offences which carry the mandatory death sentence. Secondly, the court will examine the accused in camera (in private without public access), whether the application is made voluntarily once the accused has made an application for plea bargaining. The application will be dismissed and the case will proceed for trial before another judge if it is …show more content…

One can said that once the accused plead guilty, the punishment imposed on him will be lesser than the prescribed punishment. The perk of plea bargaining is that it reduces the amount of cases and lighten the judges burden, however, in certain cases it might lead to unsatisfactory to the society and the victims. Other than that, according to him, plea bargaining will only be offered within 30 days after a person has been charged, and the case would go to a full trial after 90 days if no agreement has been reached. Plea bargains will be an option in cases involving first-time offenders only, including for offenses for which the maximum penalty is death. However, if there is a minimum sentence for the offense, a lesser term will not be …show more content…

Plea bargain have become something of a necessity due to overburdened criminal court calendars and overcrowded jails. However, there is always the reality that those lacking the resources for a vigorous legal defense may plead out regardless of their actual guilt. In present, plea bargaining is no longer an adjunct to the criminal justice system but it is a criminal justice system. Undeniably, plea bargaining brings more benefits than harm to the justice system. Plea bargaining can present a dilemma to defence counsel in choosing between vigorously seeking a good deal for their present client or maintaining a good relationship with the prosecutor for the sake of helping future clients. There are few ways to bargain with the prosecuting officers. For both the government and the defendant, the decision to enter into or not to enter into a plea bargain can be based on few things. One of them is the seriousness of the alleged crime. Other than that, the strength of the evidence in the case will also be taken into consideration whether to allow or not plea bargain. The prospects of a guilty verdict at trial also play a role in determining whether plea bargain should be entered into or

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