ENHANCING PLEA BARGAINING PROCESS THROUGH MEDIATION

Norjihan Ab Aziz; Noorshuhadawati Mohamad Amin; Zuraini Ab Hamid

doi:10.18769/ijasos.320064

EN

ENHANCING PLEA BARGAINING PROCESS THROUGH MEDIATION

Abstract

Plea bargaining is an out of court process which allows the accused to plea for reduction of a charge or sentence for an offence that he had committed. It is a common practice among the accused and the prosecutor to expedite the disposal of criminal case. It benefits the prosecutor to secure the punishment of the accused without proceeding to a full trial, which needs a certain procedure and a higher standard of proof to prove the accused guilty of an offence. Through plea bargaining, the accused will not be subjected to severe charge or punishment, and the prosecutor and the accused cannot appeal the case to the higher court if plea bargaining is successful. Nevertheless, the process of negotiation without the assistance of a third party could lead to the unsuccessful of plea bargaining which may result to a full trial. This happens if the prosecutor or the accused disagree with the sentence or a new charge offered by any one of them. This will cause inconvenience to the accused if he initially agrees to plea bargaining for reduction of the charge or sentence, however, due to the dissatisfaction of the suggestion of a new charge or sentence offered by the accused, the prosecutor tends to proceed the case to a full trial. This can be avoided if a neutral third party assists the accused and the offender to reach a deal. For instance, in Singapore a judge acts as a mediator to facilitate the process of plea bargaining to resolve criminal cases out of court. Thus, this research examines how plea bargaining is conducted under the Criminal Procedure Code of Malaysia. It also analyses how mediation helps plea bargaining process under the law of Singapore. It is suggested that the Criminal Procedure Code of Malaysia be amended to allow a third party to facilitate the process of plea bargaining.

Keywords

plea bargaining,mediation,punishment

References

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Details

Primary Language

English

Subjects

-

Journal Section

Research Article

Authors

Norjihan Ab Aziz
Malaysia

Noorshuhadawati Mohamad Amin
Malaysia

Zuraini Ab Hamid
Malaysia

Publication Date

April 30, 2017

Submission Date

June 8, 2017

Acceptance Date

April 12, 2017

Published in Issue

Year 1970 Volume: 3 Number: 7

DOI

https://doi.org/10.18769/ijasos.320064

IZ

https://izlik.org/JA46EK82TW

Cite

RIS / Bibtex

EndNote

Ab Aziz N, Mohamad Amin N, Ab Hamid Z (April 1, 2017) ENHANCING PLEA BARGAINING PROCESS THROUGH MEDIATION. IJASOS- International E-journal of Advances in Social Sciences 3 7 306–312.