留学生替代性纠纷study case [7]
论文作者:英语论文论文属性:学期论文 termpaper登出时间:2014-10-07编辑:zcm84984点击率:13499
论文字数:4204论文编号:org201409281313304328语种:英语 English地区:印度价格:免费论文
关键词:解决机制Law Essay替代性纠纷Dispute Resolution
摘要:本文是一篇关于印度市场的留学生替代性纠纷case study,这个19世纪简单而深刻的声明似乎影响了刑事司法系统的性质多年,因此,法律委员会在其142报告中自行决定检查引起刑事审判和上诉处理延迟的问题异常。委员会重申单向解决方法,通过其154报告允许那些没有任何讨价还价认罪的人优惠治疗,换句话说,就是允许便辩诉交易。
the defendant to acknowledge guilt and manifest a willingness to assume responsibility for his actions, and 4) it allows victims to be shielded from a trial.
However, the detractors feel that innocent defendants sometimes become victims of the system, when they feel that the odds are not in their favour. Another problem is that plea bargaining is available in case of all offences even in cases of murder and rape. As the entire facts or charges are not presented before the judge (fact bargaining and charge bargaining), in order to get the plea, many a times certain “mitigating circumstances” are included to bring down the sentence. To this effect an argument is raised even if such additional circumstances are raised, “all relevant and provable facts must be given to the court to enable the judge to hand down the appropriate sentence.” [50] Gerber brings out his case against “rape” as an offence where there must not be any mitigating circumstances dealing with a situation in Australia where the two victims were not even consulted, when such mitigating circumstances were raised in the court, this has led to the “corruption of the legal process”. [51] Such a kind of a judgement would lead “the already traumatized women with a question mark against their reputation, whilst the convicted youths can continue to claim that they were innocent of the crime.” [52]
Some argue that the practice is unethical; such argument cannot be sustained at all when we see that trial does not take in the following cases, which hardly affects the public conscience:
Executive pardon
Compounding of offences
Withdrawal of cases by the Public Prosecutor
Probation
Relief to approvers
In the same vein the argument raised by those who believe that the system involves tackling of criminals with leniency. It is important to bear in mind that a person cannot keep abusing the law and invite bargains on all occasions as the safeguard is clearly present whereby a person must not have been convicted of the same offence earlier. The alleged act if established must not be carrying a punishment of death or of imprisonment of life or of imprisonment for a term exceeding seven years and the alleged act should not have been committed against a woman, child or constitute a socio-economic offence.
Plea bargaining would also save the government’s and taxpayers’ money. In every case which goes to trial, huge amount of money is spent on all the stages till the final judgement. The process of plea negotiation is an inequitable alternative means to resolve criminal cases. Mediation offers a way to resolve these shortcomings without plunging the entire system into an inefficient chaos. With a focus on communication and understanding, mediation makes the plea bargaining procedure more reliable means of procuring guilty pleas and taking innocent defendants out of the system. Because a full trial is not required, efficient justice is achieved without compromising the intrinsic fairness of the criminal justice system. [53] Thus in India rightfully the process of mediation in plea bargaining has been established in the Cr.P.C.
The viability of ADR in criminal disputes is too powerful to ignore, but there is much more to be done. The introduction of ADR can effectively minimize the burden of the courts and also restore eroding faith in the justice
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