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Report No. 142

3.5. Opponents' view points.-

On the other hand a growing number of people in America feel that "Plea-bargaining" is a disgrace and offer three criticisms viz:-

(1) "Law and order people" think, it shows too much softness towards defendants. Dangerous criminals cop a plea and slip through the nets.

(2) Others claim that the process is unfair to the innocent.

(3) One study claimed that up to one-third of the people who plead guilty would be acquitted if they went to trial.

3.6. Some people, however, think that while it does not mean that those who secured acquittal were innocent of the crime, "plea-bargaining" provides only a legal excuse where the evidence is weak. In any event, "plea-bargaining" (so the argument goes) makes a mockery of criminal process. It does not fit into the image of due process.

3.7. Several prosecutors have tried to end "plea-bargaining". In Wyne County, Michigan, the prosecutor ordered his staff not to bargain in any case when defendant used a gun. The Attorney-General of Alaska in 1975 banned the practice of "plea-bargaining".



Concessional Treatment for Offenders who on their own initiative choose to plead guilty without any bargaining Back




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