Plea Bargaining Argument

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ABSTRACT “Plead Guilty, bargain a Lesser Sentence” is likely the shortest meaning of the Plea Bargain. In a traditional and a broad sense, it can be said that “plea bargaining” actually refers to pre-trial negotiations, usually conducted by counsel and prosecution, during which defendant gets agreed to plead guilty with exchange for some concessions by prosecutor. Plea Bargaining is result of modern kind of judicial thinking. Most of the legal experts described it as some lazy form of prosecution which results in undue leniency to offenders. Plea bargain is basically a short route to justice wherein prosecutor and the defendant decide for disposition of any criminal case with mutual satisfaction on approval of court. This paper shall…show more content…
Every minute, in United States court the criminal case is disposed of in US court that is based on either guilty plea bargained or based on plea of nolo contendere .This doctrine, is also considered as an implied confession, or quasi confession, a formal declaration that the accused wont contend, it is a promise between Government and the accused, and Government agreement on the part of accused that charge of accused should be considered true but for the purpose of only a particular case. It is also to be noted that raising of this plea is not a matter of right for the accused. It is the discretion of the Court concerned to reject or accept such plea. And if the court accepts such plea, then it must do so in an unqualified manner. It is, hence clear that if such plea is accepted, by the Court, the accused shall not be denied his right of raising such plea. But if the court accepts such plea, it has to be exercised in the light of such facts and circumstances of the particular…show more content…
State of Gujarat , court expressed fear of likely misuse. In State of Uttar Pradesh v. Chandrika the Court held that it is a settled law that on basis of Plea Bargain court cannot dispose off the criminal cases. if we go by basic principles of administration of justice system , then merits should alone be considered for the conviction and the sentencing, even if accused confesses to the guilt, hence it is the constitutional obligation of court to award the appropriate sentence. Supreme Court held that just the acceptance or admission of guilt should not be a reason for giving of a lesser sentence. The accused cannot bargain for the reduction of the sentence because he pleaded guilty. Shift in judicial thinking -It was Gujarat High Court which recognized utility of this method in State of Gujarat v. Natwar Harchandji Thakor , as the alternative means of redressal to deal with the huge arrears in criminal cases. The court gave the reason that; very object of law is basically to provide cheap, easy and expeditious justice through resolution of disputes. It can be thus said that it is a redressal and measure and shall add a new dimension to the realm of judicial

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