“Plead Guilty and Bargain Lesser Sentence” is the shortest possible meaning of Plea Bargaining.
The Principle of ‘Nolo Contendere’ - "I do not wish to contend”
‘Plea Bargaining’ can be defined as ‘pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution.’
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
“Plead Guilty and Bargain Lesser Sentence” is the shortest possible meaning of Plea Bargaining.
The Principle of ‘Nolo Contendere’ - "I do not wish to contend”
‘Plea Bargaining’ can be defined as ‘pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution.’
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
There are many 'red-notes' for recovering the assets against financing-crime in Indonesia. The Asset Confiscation Bill represents a significant step forward by incorporating Non-Conviction-Based Asset Forfeiture. NCB-AF is a powerful tool in the fight against illicit activities, allowing the seizure of assets tied to criminal actions, even without a conviction. As we move forward, it is imperative to ensure that safeguards are in place to prevent any unintended infringements on human rights, preserving the principles of justice and fairness.
APPEALS AGAINST DECISIONS OF THE EXAMINING MAGISTRATE IN CAMEROONAkashSharma618775
The Examining Magistrate is involved in the administration of justice in Cameroon. His functions are to
carryout preliminary investigations and this has caused the preliminary duties of investigation to be smooth and
more matured. Preliminary Inquiry is therefore a criminal hearing usually conducted by an Examining Magistrate
to determine whether there is sufficient evidence to prosecute the defendant before a competent court of law.
During the preliminary inquiry, the Examining Magistrate is assisted by a Registrar and the defendant may be
represented by counsel. At the close of the inquiry, the Examining Magistrate shall ascertain whether or not any
offence is sustainable on the evidence against the defendant and shall make either a total or partial no case ruling
or a committal order. These various orders and rulings of the Examining Magistrate can be appeal against by any
disgruntled party to the proceedings before the Inquiry Control Chambers (ICC) of the competent Court of
Appeal.
A law practitioner should know the following matter; What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? Law should be read repeatedly. How to apply the law? And in order to practice the civil matter, a law practitioner should go through the following laws:
1. The Code of Civil Procedure.
2. Civil Rules and Orders.
3. Civil Suits Instruction Manual.
4. The Civil Court Act.
5. The Court Fees Act.
6. The Suit Valuation Act.
Developments In The New Swiss Codes Of Civil And Criminal Procedure Affecting...Yves Klein
This presentation made at the ICC-FraudNet meeting in Calgary on 1 October 2010 concerns a description of the new tools available for the recovery of fraud proceeds since the entry into force on 1 January 2011 of the Swiss codes of criminal procedure and of civil procedure.
Mitigation and Sentencing in Criminal Litigation.pptxEvansLyght
Mitigation and Sentencing
Mitigation is the action of reducing the severity or seriousness of a penalty to an accused persons whilst sentencing is the action of writing down a record of an accused person to serve for a crime he committed
Differences betweenCivil and Criminal Law in the USA Copyright.docxcuddietheresa
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice, ...
Differences betweenCivil and Criminal Law in the USA Copyright.docxmariona83
Differences between
Civil and Criminal Law in the USA
Copyright 1998 by Ronald B. Standler
Introduction
Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.
In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.
Punishment
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
Criminal law
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.
Civil law
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.
So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and
had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.
One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.
While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.
Effect of punishment
The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice,.
Investigations were carried out to see the effect of pesticide 'companion' on the proximal composition and enzyme namely amylase, GOT and GPT of whole green gram in the early stages of germination. The findings revealed that the pesticides increase the enzyme activity in the early stages of germination and thus increase the metabolic rate. The Vitamin-C content was also enhanced with the use of pesticide, but there was a decrease in the proximal composition of the gram when treated with pesticide.
Afghanistan as a landlocked country occupies crucial geo-strategic
location connecting East & west Asia. This work is also the sincere effort to highlight the
factors which can bring sustainable development and peace in Afghanistan & also those
negative factors which are encouraging extremism of Taliban, terrorism and undue interference
by some countries. Generally it has been seen that the regional powers are also vary in action.
I also highlight the role of regional and trans- regional actors which are creating obstacles
in the construction of peaceful Afghanistan. I have also try to highlights the suggestions and
recommendation for the establishment of sustainable development & peace in afghanistan
through the collective support of major powers.
Key words : Afghanistan, Taliban, Great Game, Durand line,Russia ,Caspian sea,WTC
The research paper focuses on the Indian immigrant's experiences of immigration, nostalgia, language,
tradition, and acculturation in the host land with reference to Uma Parameswaran's literary fiction, "What Was
Always Hers". As a diasporic writer, she has seen and experienced immigrant life in the host country, Canada
and in her diasporic works; she has highlighted Indian immigrants' cultural displacement in the adopted country,
Canada. In the present book, she has explored the immigrant life of Indians especially immigrated women in their
adopted country. Her characters are always live in confusion to accept the culture of the native country or host
country and express their socio-cultural ties towards their homeland.
Collective Mining | Corporate Presentation - May 2024
INTERNATIONAL INDEXED REFEREED RESEARCH PAPER
1. 33SHODH, SAMIKSHA AUR MULYANKAN
International Indexed & Refereed Research Journal, ISSN 0974-2832,(Print) E- ISSN-2320-5474, December,2013, VOL-V * ISSUE- 59
Research Paper -Law
December , 2013
Delayand heavyworkloads in the courts have resulted
intheinformalsystemofpre-trialbargainingandsettle-
ment in the western countries, especially in the united
states the system is commonly known as plea bargain-
ing .A suspect may be advised to admit part or all the
crimes charged in return for a specified punishment or
rather than await trail with the possibility of either
acquittal or a more serious punishment. Plea bargain-
ing as most criminal justice reformers believe is more
suitable , flexible and better fitted to the needs of the
society, as it might be helpful in securing admissions
in cases where it might be difficult to prove the charge
laid against the accused.
OnrecommendationofMalimathCommittee,
codeofcriminalprocedurehasbeenrecentlyamended
by adding Chapter XXIA, consisting of 12 sections.
The Central Government has notified the offences af-
fecting the socio economic condition of the country,
which have been kept out of the purview of plea bar-
gaining. Notonlywillit expeditethe disposal ofcases,
it may also result in adequate compensation for victim
of the crime, since he along with prosecutor will be in
position to bargain with the accused.
Whatispleabargaining?
Thereisnoperfectorsimpledefinitionofplea
bargaining,asthetermimpliespleabargaininginvolves
an active negotiation process where by an offender is
allowed to confess his guilt in court (if he so desires)
in exchange of a lighter punishment that would has
been given for such an offence. Plea bargaining usu-
ally occurs prior to trial but may occur any time before
a judgment is rendered.
Fromthepointofviewoftheaccused,itmeans
that he trades conviction and a lesser sentence, for a
long, expensive and tortuous process of undergoing
trial Where he may be convicted. In practice, it repre-
sents not so much of "mutual satisfaction" as perhaps
"mutual acknowledgement" of the strengths or weak-
nesses of both the charges and the defenses, against
a backdrop of crowded criminal courts and court case
dockets. Thus, it involves an active negotiation pro-
cess by which the accused offers to exchange a plea of
guilty, thereby waiving his right to trial, fro some con-
cessions in charges or for a sentence reduction.
PleaBargaining:Victim-OrientedReform
Apleabargainingisinanagreementreachedinacrimi-
nal case to finally settle it. In a case instituted on a
police report, the parties to the agreement are the ac-
cused, the investigating officer, the prosecutor and the
victim.Allofthemmustagreetosettlethecriminalcase
in which the accused pleads guilty to the offence for
which trial is pending. The agreement to settle a case
must be under the guidance and supervision of the
court.
TypesofPleaBargaining
Plea Bargaining can be divide into three types:-
* ChargeBargaining
* Sentence Bargaining
* Fact Bargaining
Each type involves implied sentence
reduction, but differs in the ways of achieving those
reductions.
The first bargaining, i.e. charge bargaining, is such
bargain in which a defendant pleads guilty to reduced
charges. It occurs when defendant pleads guilty to
necessarilyincluded offences.Second typeis sentence
which involves assurance of lighter or alternative
sentence in return for a defendant's pleading guilty. A
sentence bargain may allow the prosecutor to obtain a
conviction to the most serious charge, while assuring
the defendant of an acceptable sentence. The third
type of plea and least used negotiation is fact bargain-
ing in which negotiation involves an admission to
certain facts ( "stipulating" to the truth and existence
of provable facts, thereby eliminating the need for the
prosecutor to have to prove them) in return for an
agreement not to introduce certain other facts.
When are plea bargains made?
Apleabargainmaybemadebyanaccusedwhen-
a) The report has been forwarded by the officer in
charge of police station under Section 173 Cr.P.C.
alleging therein that an offence appear to have been
committed by him other than an offence for which
punishment of death or of imprisonment of life or of
imprisonment for a term exceeding seven years has
been provided under the lawfor time being in force; or
b) AMagistrate has taken cognizance of an offence
on complaint, other than an offence for which the pun-
ishmentofdeathorofimprisonmentforatermexceed-
*AssosiateProfessor,ShreejeeBaba collegeoflaw,Mathura..
*Dr.LavanyaKaushik
2. 34 SHODH, SAMIKSHA AUR MULYANKAN
International Indexed & Refereed Research Journal, ISSN 0974-2832,(Print) E- ISSN-2320-5474, December,2013, VOL-V * ISSUE- 59
ing seven years, has been provided under the law for
the time being in force, and after examining complaint
and witnesses under Section 200, issued the process
under Section 204.
Whocanfileanapplicationforpleabargaining?
• Any accused person above the age of 18 years and
againstwhomtrialispending,canfileanapplication
for plea bargaining.
• But, there are some exceptions to this general rule.
• The offence against the accused should carry a
maximum sentence of less than 7 years.
• The offence should not have been committed bythe
accused against a women or a child below the age
of 14 years.
• The accused should not have been covered under
section2(k)ofjuvenilejustice(CareandProtection
ofChildren)Act,2000.
• The accused should nothaveearlierbeen convicted
for the same offence.
• The offence could not affect the socio- economic
condition of the country.
Whatoffencesaffectthesocio-economicconditionof
thecountry?
No plea bargaining is permitted in respect of the
following:
• DowryProhibitionAct,1961.
• The Commission of Sati PreventionAct, 1987.
• The Indecent Representation of Women (Prohibi
tion)Act,1986.
• TheImmoralTraffic(Prevention)Act,1956.
• Protection of Women from Domestic ViolenceAct,
2005.
• ProvisionsofFruitProductsOrder,1955(issuedunder
theEssentialCommoditiesAct,1955).
• The Infant Milk Substitutes, feeding Bottles and
Infants Foods ( Regulation of Production, supply
and distribution)Act, 1992.
• Provisions of Meat Food Products Order, 1973 (Is
sued under the Essential Commodities Act, 1955).
• The SC and ST (Prevention ofAtrocities)Act, 1989.
• Offences mentioned in theProtection ofCivil Rights
Act,1955.
• Offences listed in Sections 23 to 28 of the Juvenile
Justice (Care and Protection of Children)Act, 2000.
• TheArmyAct,1950.
• TheAir ForceAct, 1950.
• The NavyAct, 1957.
• The ExplosivesAct, 1884.
• " CinematographAct,1952.
• Whatbenefits doesanaccusedget toenterinto aplea
bargain?
• Getting out of jail
• Resolving the matter quickly
• HavingfewerorlessSeriousOffencesonOne'srecord
• Avoiding Hassles
• Avoiding Publicity
Position in India
Plea bargaining was introduced in India by
amendmentoftheCodeofCriminalProcedurestarting
January11,2009.Thisaffectscasesinwhichthemaxi-
mum punishment is imprisonment for seven years;
however, offences affecting the socio-economic con-
dition of the country and offenses committed against
awomenorachildbelowtheageoffourteenareexcluded.
One reason plea bargains are favored is that
it allows criminals who accept responsibility for their
actions to receive consideration for their remorse and
for not causing limited resources to be expended in
further investigating and litigating their case.
In other cases, a defendant may be culpable in one
criminalmatter,buthaveinformationthatwouldhelpin
prosecuting a broader or more significant matter. In
such a case, prosecutors may agree to reduced charges
or sentencing in the first matter, in exchange for the
defendant's co- operation in prosecuting the larger
matter.
In still other cases, prosecutors may be cer-
tain of the guilt of the defendant in a matter, but the
evidence may not be enough to convince a jury of the
defendant guilt. It is of benefit to both the prosecutor
andthedefendanttoarrangeapleabargain.Thisavoids
the chance that the defendant could be found not
guilty of serious charges. Plea bargaining also allows
prosecutors to settle cases without forcing a victim to
endure a lengthy court process or have to testify in a
jurytrial.