Volume 12 - Special Issue on Human Rights and Citizenship Rights                   Medical Law Journal 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 317-332 | Back to browse issues page

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Kianersi N, Shekarchizadeh M, Zamani M. The Plea Bargaining in the US’s Penal System: Basics, Challenges and Solutions. Medical Law Journal. 2018; 12 :317-332
URL: http://ijmedicallaw.ir/article-1-1240-en.html
1- Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2- Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran (Corresponding Author)
3- Department of Public and International Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran
Abstract:  
Background and Objective: As one of the Most Important Manifestations of Relative Dejudicialization, The Plea Bargaining has Been Conceptualized as the Agreement Between the Convict and the Prosecuting Attorney. Based on This Agreement, the Convict Becomes Committed to Confess to the Perpetrated Crime, on the one Hand, and the Prosecuting Attorney Becomes Obliged to Reduce the Accusation Titles or Take Necessary Measures for Discounting the Punishment, on the Other Hand.
Materials and Methods: The Present Subjective Research has Been Conducted Based on a Descriptive-Analytical Method. Library Research and Reference to the Documents, Books and Articles have Been the Information Gathering Methods of Choice Herein.
Findings: Although the US’s Penal System is the Primary Origin of the Plea Bargaining, The Opponents and Proponents of This Institution have Their Own Specific Reasoning in this Country. The Proponents of the Application of the Plea Bargaining Emphasize on the Penal System’s More Criminalization and Its Failure in Correction and Rehabilitation as Well as Prevention of the Criminal Labelling so as to Corroborate This System. On the Contrary, the Opponents Emphasize on Outcomes Like Coercion in Presence, Conviction of the Innocent Persons and Insufficient Guarantees to Oppose the Implementation of This Provision.
Ethical Considerations: Meanwhile Keeping Text Originality, Principles of Honesty and Trustworthiness have Been Observed in all the Stages of the Present Research’s Authoring.
Conclusion: Based on the Study’s Findings, the Regulations of the US’s Penal System are Sporadic and Incoherent in the Area of the Plea Bargaining. Due to the Same Reason, the Plea Bargaining Gains Meaning in the Context of the Judicial Procedures. However, Absence of Comprehensive Regulations in this Domain has Caused the Creation of Challenges Like the Conviction of the Innocent Persons. In Order to Overcome Such Problems, it is Through the Augmentation of the General Public’s Scrutiny and Supervision that the Plea Bargaining Can be Written Down and Archived, on the one Hand, and the Amount of the Courts’ Participation in the Transaction Process can be Increased, on the Other Hand.

Please Cite This Article As: Kianersi N. Shekarchizadeh M. Zamani M. The Plea Bargaining in the US’s Penal System: Basics, Challenges and Solutions. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 317-332.
Type of Study: Original Article |
Received: 2019/02/12 | Accepted: 2020/10/18

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