Plea bargains - Page 3

For heinous and brutal crimes, I dont think authorities should take the root of plea bargains. The criminal should get his punishment and not allow to roam in the society after serving only few years in jail... Because by doing so, you are telling the person, ok.. by takiing plea bargain you can do any kind of crime in future and get away with plea bargain later on... What is the guarantee that in future, the person who has committed a crime before and got away with plea bargain, go the same criminal way again knowing fully well that he can plea bargain.. and go scot free after only few years in jail.. in such circumstances.. you are not instilling fear in them and hence they have no fear in committing a crime again... A criminal needs to know that there is no get away.. there has to be some fear in him of judicial proceedings...

Originally posted by: sweta01

For heinous and brutal crimes, I dont think authorities should take the root of plea bargains. The criminal should get his punishment and not allow to roam in the society after serving only few years in jail... Because by doing so, you are telling the person, ok.. by takiing plea bargain you can do any kind of crime in future and get away with plea bargain later on... What is the guarantee that in future, the person who has committed a crime before and got away with plea bargain, go the same criminal way again knowing fully well that he can plea bargain.. and go scot free after only few years in jail.. in such circumstances.. you are not instilling fear in them and hence they have no fear in committing a crime again... A criminal needs to know that there is no get away.. there has to be some fear in him of judicial proceedings...

precisely!! 👏👏

Originally posted by: sweta01

For heinous and brutal crimes, I dont think authorities should take the root of plea bargains. The criminal should get his punishment and not allow to roam in the society after serving only few years in jail... Because by doing so, you are telling the person, ok.. by takiing plea bargain you can do any kind of crime in future and get away with plea bargain later on... What is the guarantee that in future, the person who has committed a crime before and got away with plea bargain, go the same criminal way again knowing fully well that he can plea bargain.. and go scot free after only few years in jail.. in such circumstances.. you are not instilling fear in them and hence they have no fear in committing a crime again... A criminal needs to know that there is no get away.. there has to be some fear in him of judicial proceedings...

agree with you here. for mundane crimes/violations, these plea bargains work the totally opposite way. you might end up getting a lighter sentence/fine if you contest the trial. but the public prosecuters paint a grim picture and try their best to coerce in to pleading guilty. less work for them!!!

Hey Gauri, thanks for the link... had seen this post on day one, but had a weird problem, I could not post any reply in any new topic on DM during the last week... I was able to post one or two replies in Dewy's thread and another sticky, but no where else 😭 😭

Plea bargaining - A useful tool, which like all others, has the capacity to be sometimes manipulated, but in the larger scheme of things, in the overall scenario lifts a considerable burden of the state exchequer and paves way for quicker justice.

Indian perspective - Only those offences whose punishment is less than 7 years imprisonment are eligible for the Plea bargain. Socio Economic offenses which affects the nation and offenses against women and children are also outside the purview of plea bargains. While introducing the plea bargaining provisiions in our Criminal Procedure Code, the legislature took care to ensure that the more heinous crimes like rape, offenses on children etc are all kept outside the purview of the plea bargain route, thereby ensuring that those accused of such crimes cannot bargain their way out, by muscle or money power..

Pros - It will definitely ease a huge burden of trial costs on the State Exchequer. Take a case of drunken driving, not resulting in any murder, but only damage to property........ The state would possibly spend more in prosecuting the man/men, than the cost of damaged property. At the end of the trial, there would be a fine of some Rupees (not big amounts are ordered as fines, which is collected by the State Exchequer) and an imprisonment of a few months/ year. The State bears the burden for providing for the man/men's food during their imprisonment period.

If the evidence is overwhelming against them, then the defence would also know what their fate would be at the end of the trial..... Why not plea bargain and save valueable time and money...

It does give a lever in the hands of the criminal to also get off with a lower sentence or fine than normal, but, if the criminal were to get off anyway, on paying a fine and serving time in prison (which rarely has a deterrent factor as envisaged), then why not?

But this is providing the prosecution has done its homework well and built a cast iron case 😊

I am right in the midst of a criminal trial, and I adviced my clients not to go the plea bargain route. The prosecution hasnt got its act in order, facts which stare at your face which can convict the accused havent been relied upon and the state had messed up the investigation altogether... Unless the State got its act through well, the accused dont need to worry and with the trial almost to the end, with no witness testifying against the accused, the Prosecutor is finally beginning to see the futility of the trial!! Left to the accused, they may even have opted for plea bargaining, because no one wants to be faced with the prospect of serving time in prison and it would seem like an easier option.....

I say - its a great tool, provided it is used with caution and with responsibility and that tool is given to the prosecutor.

Originally posted by: s.priya

Hey Gauri, thanks for the link... had seen this post on day one, but had a weird problem, I could not post any reply in any new topic on DM during the last week... I was able to post one or two replies in Dewy's thread and another sticky, but no where else 😭 😭

Plea bargaining - A useful tool, which like all others, has the capacity to be sometimes manipulated, but in the larger scheme of things, in the overall scenario lifts a considerable burden of the state exchequer and paves way for quicker justice.

Indian perspective - Only those offences whose punishment is less than 7 years imprisonment are eligible for the Plea bargain. Socio Economic offenses which affects the nation and offenses against women and children are also outside the purview of plea bargains. While introducing the plea bargaining provisiions in our Criminal Procedure Code, the legislature took care to ensure that the more heinous crimes like rape, offenses on children etc are all kept outside the purview of the plea bargain route, thereby ensuring that those accused of such crimes cannot bargain their way out, by muscle or money power..

Pros - It will definitely ease a huge burden of trial costs on the State Exchequer. Take a case of drunken driving, not resulting in any murder, but only damage to property........ The state would possibly spend more in prosecuting the man/men, than the cost of damaged property. At the end of the trial, there would be a fine of some Rupees (not big amounts are ordered as fines, which is collected by the State Exchequer) and an imprisonment of a few months/ year. The State bears the burden for providing for the man/men's food during their imprisonment period.

If the evidence is overwhelming against them, then the defence would also know what their fate would be at the end of the trial..... Why not plea bargain and save valueable time and money...

It does give a lever in the hands of the criminal to also get off with a lower sentence or fine than normal, but, if the criminal were to get off anyway, on paying a fine and serving time in prison (which rarely has a deterrent factor as envisaged), then why not?

But this is providing the prosecution has done its homework well and built a cast iron case 😊

I am right in the midst of a criminal trial, and I adviced my clients not to go the plea bargain route. The prosecution hasnt got its act in order, facts which stare at your face which can convict the accused havent been relied upon and the state had messed up the investigation altogether... Unless the State got its act through well, the accused dont need to worry and with the trial almost to the end, with no witness testifying against the accused, the Prosecutor is finally beginning to see the futility of the trial!! Left to the accused, they may even have opted for plea bargaining, because no one wants to be faced with the prospect of serving time in prison and it would seem like an easier option.....

I say - its a great tool, provided it is used with caution and with responsibility and that tool is given to the prosecutor.

fabulous! I learnt a lot. 😊
Thanks Priya :) I wonder why you couldn't post before :( thats wierd..

Originally posted by: s.priya

Hey Gauri, thanks for the link... had seen this post on day one, but had a weird problem, I could not post any reply in any new topic on DM during the last week... I was able to post one or two replies in Dewy's thread and another sticky, but no where else 😭 😭

Plea bargaining - A useful tool, which like all others, has the capacity to be sometimes manipulated, but in the larger scheme of things, in the overall scenario lifts a considerable burden of the state exchequer and paves way for quicker justice.

Indian perspective - Only those offences whose punishment is less than 7 years imprisonment are eligible for the Plea bargain. Socio Economic offenses which affects the nation and offenses against women and children are also outside the purview of plea bargains. While introducing the plea bargaining provisiions in our Criminal Procedure Code, the legislature took care to ensure that the more heinous crimes like rape, offenses on children etc are all kept outside the purview of the plea bargain route, thereby ensuring that those accused of such crimes cannot bargain their way out, by muscle or money power..

Pros - It will definitely ease a huge burden of trial costs on the State Exchequer. Take a case of drunken driving, not resulting in any murder, but only damage to property........ The state would possibly spend more in prosecuting the man/men, than the cost of damaged property. At the end of the trial, there would be a fine of some Rupees (not big amounts are ordered as fines, which is collected by the State Exchequer) and an imprisonment of a few months/ year. The State bears the burden for providing for the man/men's food during their imprisonment period.

If the evidence is overwhelming against them, then the defence would also know what their fate would be at the end of the trial..... Why not plea bargain and save valueable time and money...

It does give a lever in the hands of the criminal to also get off with a lower sentence or fine than normal, but, if the criminal were to get off anyway, on paying a fine and serving time in prison (which rarely has a deterrent factor as envisaged), then why not?

But this is providing the prosecution has done its homework well and built a cast iron case 😊

I am right in the midst of a criminal trial, and I adviced my clients not to go the plea bargain route. The prosecution hasnt got its act in order, facts which stare at your face which can convict the accused havent been relied upon and the state had messed up the investigation altogether... Unless the State got its act through well, the accused dont need to worry and with the trial almost to the end, with no witness testifying against the accused, the Prosecutor is finally beginning to see the futility of the trial!! Left to the accused, they may even have opted for plea bargaining, because no one wants to be faced with the prospect of serving time in prison and it would seem like an easier option.....

I say - its a great tool, provided it is used with caution and with responsibility and that tool is given to the prosecutor.

thanks for the very well written post Priya. Looks like Indian judiciary has tried its best to close the major loopholes. Agree with you that the intent is good but gets manipulated at times. I doubt in America they have any such exceptions like you mentioned in India. Would look in to it more later.

Thanks Mqt 😃, yeah the problem was weird, no idea why it happened, will try to find out anyways.

Thanks Gauri.