What is the concept of plea bargaining?
Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence. It is common in the United States, and has been a successful method of avoiding protracted and complicated trials.
What is plea bargain in Nigeria?
The national welfare secretary of the Nigerian Bar Association (NBA), Bar Kunle Edu described plea bargain as a signed agreement between the prosecution and the defendants in a criminal trial. According to him, it is akin to filing terms of settlement in a civil case.
What is plea bargain PDF?
Plea bargaining is the process by which the. prosecution and the defence negotiate charging and sentencing concessions in. exchange for the defendant’s guilty plea and waiver of rights. It is a Pre-Trial. procedure whereby a bargain or deal is struck between the accused of an offence.
What are the 3 types of plea bargains?
Plea Bargaining: Areas of Negotiation – Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.
Which chapter contains the concept of bargaining?
Section 265-A (Application of Chapter) the plea bargaining shall be available to the accused who is charged with any offense other than offenses punishable with death or imprisonment or for life or of an imprisonment for a term exceeding to seven years.
What are the major reasons for plea bargaining?
The four main reasons that a plea bargain is offered by the prosecutor to the defendant are:
- Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve.
- The prosecution saves the time and expense of a lengthy trial.
What are the advantages of plea bargaining?
Plea Bargain Advantages
- Clear up the uncertainty in your case.
- Avoid publicity.
- Possibly result in fewer (or less serious) offenses on your record.
- Lessen the judge and prosecutor’s case load.
- Result in a less socially offensive charge on your record.
- Possibly get you out of jail.
- Keep other defendants out of the case.
Why is plea bargaining an important part of the criminal justice system?
Plea bargains allow prosecutors to avoid trials, which are shunned because they are time-consuming, labour-intensive, and costly but carry no guarantee of success. Through the rational use of plea bargaining, prosecutors can ensure some penalty for offenders who might be acquitted on technicalities.
Why would an innocent person take a plea bargain?
We all know that innocent people can be found guilty of crimes they didn’t commit, but innocent people might actually choose to plead guilty simply because they’re afraid to go to trial. The fear is based on a simple fact — people who go to trial and are convicted get much heavier sentences than those who plea-bargain.
Why is plea bargaining used?
Plea bargaining is prevalent for practical reasons. Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve. The prosecution saves the time and expense of a lengthy trial. Both sides are spared the uncertainty of going to trial.
What are the 4 types of plea bargains?
Learn about charge bargaining, count bargaining, sentence bargaining, and fact bargaining. The term “plea bargain” refers to an agreement between the prosecution and the defense in a criminal case.
What are the various types of plea bargaining?
According to FindLaw, the 3 types of plea bargains are charge bargaining, sentence bargaining and fact bargaining.