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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Under the law, plea bargaining means an accused will plead guilty to a lesser offense with the consent of the prosecutor.
The SC upheld its earlier decision that Section 23 of RA 9165 was contrary to Article 8, Section 5 (5) of the 1987 Constitution giving the high court the authority to allow plea bargaining.
The professor said that any form of plea bargaining potentially implemented in Lebanon would, out of necessity, be customized to fit the context.
Nonetheless, the power to arrest and the power to decide on guilt and punishment are far less separate in practice than they first appear, and police officers in jurisdictions around the country are actively involved 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.
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.
A, I draw on the extensive literature on plea bargaining to briefly summarize the institution's rise and its consequences for criminal justice.
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.
As mayor of the City of Zamboanga, I cannot in conscience agree to the plea bargaining proposals which propose that the charges for violation of RA 9851, otherwise known as the "Philippine Act on Crimes Against International Humanitarian Law, Genocide and other Crimes Against Humanity" penalized with reclusion perpetua and a fine ranging from P500,000 to P1 million and the charge for rebellion be DISMISSED in consideration of the plea of guilty of the accused for lesser crime of sedition.
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.
1) Unfortunately, federal plea bargaining happens with