Practical Benefits Of Plea Bargaining

Tuesday, April 12, 2022 6:11:00 PM

Practical Benefits Of Plea Bargaining



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What is Plea Bargaining - How it works? Benefits of Plea Bargain, Current Affairs 2020 #UPSC #IAS

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Upcoming Events. Tue Thu Fri Intramural Sponsors. Popular Posts. Infringing Influencers? It secures rights to a defendant. It does not preclude the rights of public justice. The fact of delay triggers an inquiry and is dependent on the circumstances of the case. Reasons for delay will vary. A deliberate delay for advantage will weigh heavily, whereas the absence of a witness would justify an appropriate delay, and such factors as crowded dockets and negligence will fall between these other factors. A delay caused by assigned counsel should generally be attributed to the defendant, not to the state. All of these institutions obviously symbolized a menace to liberty.

Whatever other benefits the guarantee to an accused that his trial be conducted in public may confer upon our society, the guarantee has always been recognized as a safeguard against any attempt to employ our courts as instruments of persecution. The Supreme Court has cited many civic and process-related purposes served by open trials: they help to ensure the criminal defendant a fair and accurate adjudication of guilt or innocence; they provide a public demonstration of fairness; they discourage perjury, the misconduct of participants, and decisions based on secret bias or partiality. Open trials educate the public about the criminal justice system, give legitimacy to it, and have the prophylactic effect of enabling the public to see justice done.

The Court has borrowed from First Amendment cases in protecting the right to a public trial under the Sixth Amendment. The Sixth Amendment right to a public trial and the First Amendment right to public access both presume that opening criminal proceedings helps ensure their fairness, but there are circumstances in which an accused might consider openness and its attendant publicity to be unfairly prejudicial. In this regard, the Sixth Amendment right of an accused to a public trial does not carry with it a right to a private trial. The Court has no preset constitutional priorities in resolving these conflicts. When the complete closure of the record of a normally open proceeding is sought, the accused faces a formidable burden.