Sunday, 13 April 2014

Distinction between Express and implicit plea bargaining.


Apart from this, taking into consideration of the other aspects, there are two kinds


of plea bargaining, as endorsed in International jurisprudence. i.e., Express and implicit


plea bargaining. Express bargaining occurs when an accused or his lawyer negotiates


directly with a prosecutor or a trial judge concerning the benefits that may follow the


entry of a plea of guilty. Implicit bargaining, on the other hand, occurs without face-to-

face negotiations. In Implicit bargainings, the trial judges especially, establish a pattern

of treating accused who plead guilty more leniently than those who exercise the right to


trial, and the accused therefore come to expect that the entry of guilty pleas will be


rewarded.
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