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Plea Bargaining And Game Theory

Posted on:2007-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:C S ZhuFull Text:PDF
GTID:2166360185992960Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Plea bargaining basically means the agreement of the accused on the criminal lawsuits in the expectation of government' s reasonable abatement from penalty. This judicial system, which develops from underground bargaining to judicial acceptance and eventually to public legislation, stems naturally from American judicial practice at the time when the crime rate is continuously increasing and when cases are delayed and the judicial system is overburdened. It aims at prosecutive efficiency as well as appropriate conviction. Debate over plea bargaining has never ceased due to those diversified points of view. The negative party holds that "public interests have been severely damaged for the lack of effective penalty on criminals and of accurate line between guilt and innocence" . Hence, "plea bargaining is a disaster, which can be and also should be abolished. " On the opposite, the supports maintain that it is better for the whole society to share benefits and values with adversaries and when the accused confess their crime, it is unnecessary for us to clear up doubts any more. It is beneficial for the accused to accept punishment or to regard it as a good behavior. Moreover, the accused that are actually guilty cannot be abated from penalty even though they make reply to the charge and are punished in the same way...
Keywords/Search Tags:Plea bargaining Game theory, cost-benefit, Nash equilibrium, Pareto-optimal
PDF Full Text Request
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