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Report No. 142

3.17. An Analysis of U.S. Supreme Court Judgments.-

It would be seen from the cases discussed referred hereinabove that the reasoning which appealed to the American Supreme Court was to an extent built on the assumption that those who are induced to plead guilty would, in any event ordinarily be convicted. The U.S. Supreme Court has expressed the view that "plea-bargaining" provides advantages for both the defendant and the State. The Court has observed to the effect that for a defendant who sees a slight opportunity of securing an acquittal the advantages of pleading guilty and limiting the penalty are obvious.

On the other hand from the stand point of the State the plea which results in avoiding a full-fledged trial serves to conserve the judicial and prosecutorial resources for being utilized only for those cases in which there is substantial doubt that the State can sustain its burden of proof. The Supreme Court further held "among the virtues, a guilty plea enhances whatever may be the rehabilitative process of the guilty when they are ultimately imprisoned."

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

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