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On The Plea Bargaining System

Posted on:2008-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:D WangFull Text:PDF
GTID:2166360245990674Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Plea bargaining is a process whereby a person accused of a crime pleads guilty to a specified charge in return for an agreed - upon sentence, a sentence recommendation to the judge, or the dismissal or reduction of other charges. This saves both time and expense. The origins of plea bargaining can be traced back to the 80s of the nineteenth century. It is a necessary part of the criminal justice system, as it helps avoid expensive and lengthy trials and often saves victims from the stress of lengthy criminal trials. In 1970, the Court described plea bargaining as "an essential component of the administration of justice. Properly administered, it is to be encouraged." Plea bargaining has its own social background and theoretical bases.It is necessary for us to adopt plea bargaining in China. If every case in the justice system went to trial, the courts would be so overloaded that they would effectively be shut down. Plea bargaining allows the prosecutor to obtain guilty pleas in cases that might otherwise go to trial. The major disadvantage of plea bargaining is the danger of diminishing the seriousness of the perpetrator's crime. We cannot adopt the plea bargaining system without any change in China. With some changes, plea bargaining may find a new life in China.
Keywords/Search Tags:Plea bargaining, Legal value, Justness, Efficiency
PDF Full Text Request
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