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Doctrine of Plea Bargaining: An Adjunct of Criminal Justice System Amin Shaista Doctoral Programme, Faculty of Law, University of Kashmir Online published on 2 September, 2019. Abstract Punishment is the corollary of Criminal law. It is essential to the laws effectiveness. Without its application the law would be an empty letter. The protection of society and security of person's life, liberty and property is an essential function of the state. This could be achieved through instrumentality of criminal law by imposing appropriate sentence and stamping out criminal tendency. Law as a cornerstone of the edifice of ‘order ’should meet the challenges confronting the society1. Therefore the aim of protecting society is sought to be achieved by application of the principle of Deterrence, prevention, retribution and reformation. These normative theories have in common the belief that punishment has or can be shown to have a ‘General Justifying Aim‘ as respectively;-reformation of character, the righting of moral wrong, the deterrence of pain producing actions on part of promoting general welfare. It is in consonance with the above reality that this paper analyses plea bargain practice to see whether it comforts with these aim. The thing that triggers the carrying out of punitive sanctions is the violation of the law of the land: Such coercive measures have been provided for in dully enacted laws as specified responses to such judgements, but what plea-bargain does on the other hand is a total deviation of the written and specified sanctions to a bargained option. The question is whether the practice of plea bargaining, generally, does indeed advert to the attainment of the basic assumptions of the Criminal Law: or whether the practice of plea bargain adduces to the philosophical basis of punishment. The discussion here is focused on the three normative standard theories of punishment. The aim is to test whether plea bargaining practice generally address the question of adequacy of punishment, crime prevention and control. Top Keywords Criminal Law Deterrence Plea Bargaining Punishment Reformation. Top | |
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