Use in Civil Law Countries
| This section needs additional citations for verification. |
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:
“During the Civil War the area became a refuge for service- dodging Texans, and gangs of bushwhackers, as they were called, hid in its fastnesses. Conscript details of the Confederate Army hunted the fugitives and occasional skirmishes resulted.”
—Administration in the State of Texa, U.S. public relief program (1935-1943)
“The law of nature is alternation for evermore. Each electrical state superinduces the opposite. The soul environs itself with friends, that it may enter into a grander self-acquaintance or solitude; and it goes alone for a season, that it may exalt its conversation or society.”
—Ralph Waldo Emerson (1803–1882)
“In some things, we Americans leave to other countries the carrying out of the principle that stands at the head of our Declaration of Independence.”
—Herman Melville (1819–1891)