Creat membership Creat membership
Sign in

Forgot password?

Confirm
  • Forgot password?
    Sign Up
  • Confirm
    Sign In
Creat membership Creat membership
Sign in

Forgot password?

Confirm
  • Forgot password?
    Sign Up
  • Confirm
    Sign In
Collection

toTop

If you have any feedback, Please follow the official account to submit feedback.

Turn on your phone and scan

home > search >

The Possibility and Limit of Plea Bargaining in Korean Criminal Procedure

Journal:
The Justice=09


Issue Date:
2014


Abstract(summary):

The great majority of criminal cases in the United States are disposed by plea bargaining rather than by trial. Plea bargaining is very often a negotiated plea, that is, a defendant=E2=80=99s agreement to plead guilty to a criminal charge with the reasonable expectation of receiving some consideration from the government. Sometimes this plea is the result of nothing more than implicit plea bargaining.But more common is explicit bargaining in which the defendant enters a plea of guilty only after a commitment has been made that concessions will be granted in his particular case.Regardless of evaluation on the plea bargaining, there is no denying that this process of negotiation for and granting of concessions can give rise to difficult and important legal issues.In Korea, Germany and Japan, it is the trial judge himself who reads the investigative documents and decides whether there is sufficient evidence to proceed to trial. According to some commentators, this procedural configuration undermines the presumption of innocence, for in each of these systems the trial judge is usually a trier of the facts as well.The recent approach in law reform in inquisitorial states is to introduce of Anglo-American adversarial reforms into their criminal procedures. Despite decades of biting criticism of American =E2=80=9CPlea Bargaining=E2=80=9D as a form of bargaining of justice, it has become understood worldwide that consensual procedural forms are an integral part of criminal procedure worldwide.=09


Page:
279=09---310=09


Similar Literature

Submit Feedback

This function is a member function, members do not limit the number of downloads