Use in Civil Law Countries
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Plea bargaining is extremely difficult in jurisdictions based on the widespread legal system known as civil law. This is because unlike common law systems, civil law systems have no concept of plea—if the defendant confesses; a confession is entered into evidence, but the prosecution is not absolved of the duty to present a full case. A court may decide that a defendant is innocent even though they presented a full confession. Also, unlike common law systems, prosecutors in civil law countries may have limited or no power to drop or reduce charges after a case has been filed, and in some countries their power to drop or reduce charges before a case has been filed is limited, making plea bargaining impossible. Furthermore, many civil law jurists consider the concept of plea bargaining to be abhorrent, seeing it as reducing justice to barter.
Read more about this topic: Plea Bargain
Famous quotes containing the words civil, law and/or countries:
“He was high and mighty. But the kindest creature to his slavesand the unfortunate results of his bad ways were not sold, had not to jump over ice blocks. They were kept in full view and provided for handsomely in his will. His wife and daughters in the might of their purity and innocence are supposed never to dream of what is as plain before their eyes as the sunlight, and they play their parts of unsuspecting angels to the letter.”
—Anonymous Antebellum Confederate Women. Previously quoted by Mary Boykin Chesnut in Mary Chesnuts Civil War, edited by C. Vann Woodward (1981)
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—Ralph Waldo Emerson (18031882)