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Historical Origins of Plea Bargaining
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Snigdha Raja
Student at National University of Advanced Legal Studies, Kochi, India
Abstract
Plea bargaining has a complicated and lengthy history and is a contentious practice in criminal judicial systems all around the world. This essay examines its beginnings, following its development from mediaeval Europe to modern uses in the United States and India. The paper dives deeply into important issues, covering the distinctions between explicit and implicit plea bargaining, the functions of judges and prosecutors, and the ongoing discussions over its ethical and procedural ramifications. Plea bargaining is under scrutiny owing to issues with justice and due process, despite benefits like reduced caseloads and increased efficiency. The varying levels of acceptance and implementation across various legal systems are clarified, as well as the impact of Supreme Court rulings on how it is to be applied. This essay aims to provide a thorough account of plea bargaining's historical development and current significance. It encourages reflection on past and contemporary dynamics with the goal of guiding future improvements and reforms in criminal justice systems around the world.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1344 - 1355
DOI: https://doij.org/10.10000/IJLMH.115876Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2021