The Role Of Plea Bargaining In Criminal Trials

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Title: The role of plea bargaining in criminal cases in south Africa- a critical analysis Guilty pleas have been regarded as a sufficient basis for conviction from the earliest days of the common law. The criminal justice system long has rewarded some forms of cooperation by defendants—notably, cooperation in procuring the conviction of other alleged offenders.This has become one of the most common and controversial practices in the criminal justice process and it is called plea bargaining. There have been varying definitions of plea bargaining over the years. The 1975 law reform commission of Canada defined it as “any agreement by the accused to plead guilty in return for the promise of some benefit” however this definition was criticized for implying that justice was not the ultimate goal, but rather a guilty plea. Since then there has been extensive development on this procedure, among the historical developments that may have contributed to the growth of plea bargaining were, the increasing complexity of the trial process (which may have led to the greater use of nontrial procedures both for economic reasons and because officials sought to avoid the "technicalities" of trial), expansion of the substantive criminal law, increasing crime rates, larger case loads, the frequent political corruption of urban criminal courts, the greater use of professionals in the administration of criminal justice (police, prosecutors, and defense attorneys),and the increasing statutory power of prosecutors. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to avoid the risk of conviction
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