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Deal Or No Deal? A Comparative Study Of Plea Bargaining In The United States Of America, Germany And

Deal Or No Deal? A Comparative Study Of Plea Bargaining In The United States Of America, Germany And India






Anushka Borkar, National Academy of Legal Studies and Research (NALSAR University of Law, Hyderabad)


ABSTRACT


Plea bargaining is a concept which has remained at the eye of a storm of controversy since many years. It has its roots in the United States of America but is now expanding across the globe. The practice has spread to France, Australia, Argentina, China, Germany and India. While some attorneys and judges extol the practice and uphold it as an inevitable part of the criminal justice system, the critics abhor it as they consider it to be a travesty of justice. This paper examines the practice of plea bargaining and compares the existing legal framework in the United States of America, Germany and India. The paper then analyses the practice of plea bargaining to understand whether it is necessary at all and if so, under what circumstances should it be used to ensure that the system of justice is not thwarted.







Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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