plea bargaining


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plea bargaining,

negotiation in which a defendant agrees to plead guilty to a criminal charge in exchange for concessions by the prosecutor (representing the state). The defendant waives the right to trial, losing any chance for acquittal, but usually avoids conviction on a more serious charge. The state, on the other hand, is not required to go through a long, costly trial. Issues negotiated in plea bargaining include a reduction of the charge, a specific recommendation for sentence, or agreement by the prosecutor not to oppose a request for probation. In the United States, vast majority of criminal cases at the state and federal levels are settled by plea bargains; less than 10% of federal felony cases, for example, go to trial. In 2012 the U.S. Supreme Court ruled that defendants have a constitutional right to competent legal advice with respect to a plea bargain.
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Scholarship on the Separation of Powers in Plea Bargaining
While speaking to media on December 21, 2016, the NAB Chairman said that under section 25(b) of the National Accountability Ordinance, any accused can place a request for plea bargaining. Any such request, he said, "is thoroughly reviewed keeping the opinion of legal experts on the case in mind and only then the request for plea bargain is accepted, subject to approval by the accountability court.
But by imposing even modest new requirements in the recent trio of cases, the Court has created a potential conflict between the efficiency of the plea bargaining market and the failing market for the representation of indigent defendants in the states.
Indeed, the argument is sometimes made that plea bargaining is superior to trial because "the fact-finding task assigned to the jury at trial is displaced by the defendant's confession." (14) The common assumption is that "a defendant will not falsely condemn himself by pleading guilty since he knows that the immediate consequence is a criminal conviction." (15) As one prosecutor has explained: "When a defendant agrees in a plea bargain that the state could prove a certain set of facts ...
He reasoned out that allowing plea bargaining for such offenders would help unclog small-time drug cases pending in courts, which he said, burdens the country's criminal justice system.
He said a plea bargaining system saves court the time of "going through a mountain of evidence" to proving an accused person's guilt.
We were able to release about 500 detainees in just two days, thanks to this latest rule on plea bargaining for drug cases,' Santiago told The STAR in an interview last Thursday.
The idea of introducing plea bargaining to Lebanon emerged as a potential way to reduce prison over-crowding during U.S.
The Prosecutor's Power and Ethical Obligations During Plea Bargaining A.
Another accused contractor Arshad Majeed has already been acquitted after returning back his share while advisor to the then chief minister Niyaz Ali sought acquittal after the plea bargaining of 20 million rupees.
Federal Plea Bargaining Operates With Too Little Judicial