Naslov
Inherent deficiencies of plea bargaining and their manifestations in the age of lockdowns and social distancing: is it finally possible to reach a middle ground?

Autori
Martinović, Igor

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, znanstveni

Izvornik
The recovery of the EU and strengthening the ability to respond to new challenges - legal and economic aspects / - , 2022, 32-32

ISBN
978-953-8109-45-4

Skup
EU and Comparative Law Issues and Challenges

Mjesto i datum
Osijek, Hrvatska, 09.06.2022. - 10.06.2022

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
plea bargaining, negotiated justice, models of criminal justice, social impact of the pandemic

Sažetak
A large majority of criminal convictions in various common law jurisdictions come from negotiated pleas, yet they have been increasingly emerging in civil law jurisdictions as well. Shortcomings of such negotiations have long been recognised by legal scholars, many of them drawing upon empirical research and mathematical models. One of the key problems is that the very possibility to negotiate may incentivise prosecutors and judges to sacrifice public interests or the rights of the defendant for their own private agenda, e.g. in order to alleviate their work schedule or to obtain high conviction rates. The other issue is that the expectation of the defendant to be convicted or even his fear of public trial may put pressure on him to admit a crime he has not committed or has committed in a different manner. Recent empirical research and anecdotal evidence shows that these systemic shortcomings of negotiated justice have been only exacerbated by the COVID-19 pandemic and the restrictions which have been put in place by the governments to try to cope with it. This is both a warning and an opportunity to rethink and reinvent the very foundations of negotiated criminal justice. In that context, this paper aims to bring new insights into the everlasting debate between the proponents of different models of criminal procedure and to propose an outline of a trade-off model which would strike a balance between cost efficiency, speed, interests of justice and the rights of the defendant. It is divided into three central parts: the first one deals with the inherent deficiencies of plea bargaining in various legal system, while the second part brings attention to specific manifestations of these deficiencies in the age of COVID-based restrictions. The final part proposes the trade- off model.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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