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Report No. 142

Chapter III

Concept of Plea-Bargaining-A Practice being Successfully Practised in U.S.A.

3.1. The Concept.-

What is "plea-bargaining"? In its most traditional and general sense, "plea-bargaining" refers to pre-trial negotiations between the defendant, usually conducted by the counsel and the prosecution, during which the defendant agrees to plead guilty in exchange for certain concessions by the prosecutor. "Plea-bargaining" falls into two distinct categories depending upon the type of prosecutorial concession that is granted.

The first category is "charge bargaining" which refers to a promise by the prosecutor to reduce or dismiss some of the charges brought against the defendant in exchange for a guilty plea. The second category, "sentence bargaining" refers to a promise by the prosecutor to recommend a specific sentence or to refrain from making any sentence recommendation in exchange for a guilty plea. Both methods affect the dispositional phase of the criminal proceedings by reducing defendant's ultimate sentence.

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

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