Enhancing plea bargaining process through mediation

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 p...

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Main Authors:	Ab Aziz, Norjihan, Mohamad Amin, Noor Shuhadawati, Ab Hamid, Zuraini
Format:	Conference or Workshop Item
Language:	English
Published:	International Organization Center of Academic Research (OCERINT) 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/59855/ http://irep.iium.edu.my/59855/ http://irep.iium.edu.my/59855/1/59855_ENHANCING%20PLEA%20BARGAINING.pdf

id	iium-59855
recordtype	eprints
spelling	iium-598552018-03-15T10:36:13Z http://irep.iium.edu.my/59855/ Enhancing plea bargaining process through mediation Ab Aziz, Norjihan Mohamad Amin, Noor Shuhadawati Ab Hamid, Zuraini K Law (General) 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. International Organization Center of Academic Research (OCERINT) 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/59855/1/59855_ENHANCING%20PLEA%20BARGAINING.pdf Ab Aziz, Norjihan and Mohamad Amin, Noor Shuhadawati and Ab Hamid, Zuraini (2017) Enhancing plea bargaining process through mediation. In: 4th International Conference on Education and Social Sciences (INTCESS 2017), 6th-8th February 2017, Istanbul, Turkey. http://www.ocerint.org/intcess17_epublication/papers/302.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Ab Aziz, Norjihan Mohamad Amin, Noor Shuhadawati Ab Hamid, Zuraini Enhancing plea bargaining process through mediation
description	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.
format	Conference or Workshop Item
author	Ab Aziz, Norjihan Mohamad Amin, Noor Shuhadawati Ab Hamid, Zuraini
author_facet	Ab Aziz, Norjihan Mohamad Amin, Noor Shuhadawati Ab Hamid, Zuraini
author_sort	Ab Aziz, Norjihan
title	Enhancing plea bargaining process through mediation
title_short	Enhancing plea bargaining process through mediation
title_full	Enhancing plea bargaining process through mediation
title_fullStr	Enhancing plea bargaining process through mediation
title_full_unstemmed	Enhancing plea bargaining process through mediation
title_sort	enhancing plea bargaining process through mediation
publisher	International Organization Center of Academic Research (OCERINT)
publishDate	2017
url	http://irep.iium.edu.my/59855/ http://irep.iium.edu.my/59855/ http://irep.iium.edu.my/59855/1/59855_ENHANCING%20PLEA%20BARGAINING.pdf
first_indexed	2023-09-18T21:24:50Z
last_indexed	2023-09-18T21:24:50Z
_version_	1777412122537361408

Enhancing plea bargaining process through mediation

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