LL.M Student at CNLU, Patna, India
Plea bargaining is a process where the accused and the prosecutor in a criminal case negotiate and agree on a plea agreement, which involves the accused pleading guilty to a lesser charge or accepting a lesser sentence in exchange for a reduced charge or sentence. The use of plea bargaining has become widespread in the criminal justice system, with the majority of criminal cases being resolved through this method. The aim of plea bargaining is to expedite the resolution of criminal cases, reduce the workload of the courts, and ensure that justice is served fairly and efficiently. However, there are concerns about the fairness of the plea bargaining system, as it can lead to coerced confessions, false guilty pleas, and unequal treatment of defendants based on their socioeconomic status, race, or ethnicity. Despite its flaws, plea bargaining remains a crucial aspect of the criminal justice system, as it allows for the efficient resolution of cases and reduces the burden on the courts. However, efforts must be made to ensure that the process is fair and just, and that defendants are not pressured into accepting plea agreements that are not in their best interests. In conclusion, plea bargaining is a critical component of the criminal justice system, and its benefits cannot be ignored. However, it is essential that the system is reformed to ensure that it is fair and just for all defendants, and that it serves the interests of justice. With appropriate reforms, plea bargaining can continue to be a valuable tool in the administration of justice while ensuring the protection of the rights of the accused.
International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 1139 - 1150DOI: https://doij.org/10.10000/IJLMH.114485
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