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.