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:
“Just what is the civil law? What neither influence can affect, nor power break, nor money corrupt: were it to be suppressed or even merely ignored or inadequately observed, no one would feel safe about anything, whether his own possessions, the inheritance he expects from his father, or the bequests he makes to his children.”
—Marcus Tullius Cicero (106–43 B.C.)
“It is time that we start thinking about foundational issues: about our attitudes toward fair trials... Who are the People in a multicultural society?... The victims of discrimination are now organized. Blacks, Jews, gays, women—they will no longer tolerate second-class status. They seek vindication for past grievances in the trials that take place today, the new political trial.”
—George P. Fletcher, U.S. law educator. With Justice for Some, p. 6, Addison-Wesley (1995)
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—Hunter S. Thompson (b. 1939)