How the process of plea bargaining is affecting the traditional role of prosecutors and judges in criminal justice

Kagu, Abubakar Bukar (2017) How the process of plea bargaining is affecting the traditional role of prosecutors and judges in criminal justice. Al Muqaddima Journal. (Accepted)

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Abstract

Over the years, criminal justice systems across the world have seen an unprecedented rise in the use of plea bargaining to negotiate with criminal offenders. This phenomenon, which is by far a shift from the traditional form of trial, has raised enormous concerns among practitioners and scholars. While it is true that plea bargaining provides the criminal justice system with an alternatives way of dealing with what could ordinary have been a long and costly trial in an open court, it is also evident that the lack of adversariality in the court system has affected the traditional role of the different parties that have legitimate interests and obligations in criminal justice. These include both court room actors as well as the public. While discussion on how all of these parties are affected is relevant to any discourse on plea bargaining, the limit of this paper is to explore the dynamics that explain the changing role of prosecutors and judges.

Item Type: Article
Keywords: Prosecution, Judge, Plea-bargaining, Process, Justice, Negotiation, Agreement.
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Crime Research Centre
Subjects: A General Works
K Law > K Law in General. Comparative and uniform Law. Jurisprudence
Related URLs:
Depositing User: Abubakar Bukar Kagu
Date Deposited: 13 Mar 2017 09:20
Last Modified: 21 Jul 2017 07:53
URI: http://sro.sussex.ac.uk/id/eprint/67058

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