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Plea bargaining in your nation

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Vallermoore
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Plea bargaining in your nation

Postby Vallermoore » Mon Aug 12, 2019 8:09 pm

Does your nation have plea bargaining so that if someone pleads guilty to an offence rather then go to trial their sentence is lower/much lower? (or much higher if they don't plea bargain and get found guilty?)


If yes, what percentage reject a plea bargain and take their chances at trial?

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Borovan entered the region as he
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Postby Borovan entered the region as he » Mon Aug 12, 2019 8:51 pm

plea barganing does not exist here. ppl have 2 adhere 2 the laws as they r set out by society and rules. HOWEVER, they are exceptions and while we recognize we cannot discrimnate against people, there are circumstances. For example, people who that break a crime and ends up being repentent for it, will be judged accordingly from our police officers and will get punishment but they will get a lesser sentence than one who is not the repentant or is malicious from comiting the crime.

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Imperial Slovonia
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Postby Imperial Slovonia » Mon Aug 12, 2019 8:51 pm

Plea bargains are illegal here because of the potential for abuse (trumped-up charges, coerced confessions, etc). Also, we give no quarter to dangerous criminals, especially rapists and terrorists. Justice wouldn't be served if we let them keep their heads.
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Gandoor
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Postby Gandoor » Mon Aug 12, 2019 9:14 pm

Plea bargaining is an accepted practice in the Democratic Republic, although the courts always have the final say in regards to sentencing regardless if a defendant enters a plea bargain or not.
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Pacomia
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Postby Pacomia » Mon Aug 12, 2019 9:16 pm

Not really a thing here.
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Victorious Decepticons
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Postby Victorious Decepticons » Mon Aug 12, 2019 10:34 pm

Absolutely not. Plea bargaining is a ridiculous practice that lets those guilty of heinous crimes off easy, while making it all too tempting for the State to trump up charges against the innocent.

We believe that the prosecution should only lay charges for crimes when they have an ironclad case. When things are done our way, there is no real benefit for prosecutors to accept a plea bargain since they could easily get a conviction on the original charge, even if they're stuck in one of those overly bureaucratic countries where they'd have to convince a judge and jury before sending the miscreant to the foundry.
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Aikoland
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Postby Aikoland » Tue Aug 13, 2019 1:05 am

Plea bargaining is not practiced in our nation, it is considered to go against the right to a fair trial and the right of the presumption of innocence.
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Zhouran
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Postby Zhouran » Tue Aug 13, 2019 2:54 am

Plea bargaining isn't practiced in the Zhouranese judicial system as it takes away the whole purpose of punishing offenders for their crimes. Not to mention that it allows any offenders to take advantage of it and manipulate prosecutors in order to get simply a slap in the hand. Thus, plea bargaining is detested in Zhouran, not to mention that it's seen as something more of an American judicial thing to do.

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Great Nortend
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Postby Great Nortend » Tue Aug 13, 2019 7:23 am

There is no plea bargaining because apart from the forestal, murder and manslaughter class of crimes, there are no common aggravated versions of crimes. Rather, crimes are broad, and the sentence is applied at the discretion of the court. Additionally, the use of a great jury to indict, present or inform a charge means that plea bargaining with the Crown would be ineffective anyway.
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Hamidiye
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Postby Hamidiye » Tue Aug 13, 2019 2:21 pm

No. In fact legal representation is state-controlled, and a catalogue of proscribed sentences is used.
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Thermodolia
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Postby Thermodolia » Tue Aug 13, 2019 4:59 pm

Plea bargaining is legal and used in all of Thermodolia, with the exception of three Republics. However it is illegal in the Republics of Trhogšcænd and Jûnstan. While the idea of plea bargaining is legal in the Republic of Krâthístan it is not used except for in the Southern Autonomous Region of South Krâthístan
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TURTLESHROOM II
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Postby TURTLESHROOM II » Fri Aug 16, 2019 8:51 pm

Under the First Constitution of TurtleShroom, back when the Empire was an unitary state, the entire judiciary used grand juries without a regular jury trial. Being founded on a Civil Law system of jurisprudence, the ideas of precedent and stare decisis were never widespread in the country. As juries did not determine actual guilt or innocence under TS law, the need for plea bargaining and its built-in gambling on the sentiments of the jury were not so urgent.

Plea bargaining is extremely rare because so many types of crime in TurtleShroom are outside of the scope of plea bargaining, or the illegal act is not one that can be bargained off. In other words, in some classes of criminal activity, there simply isn't another, or lesser crime that could be passed on. This is primarily what prevents the drug courts from ever using plea bargaining, as the question of "did you drink/sell/make hooch" is not really one that can be converted to a crime. Furthermore, particularly heinous (the legal term is "infamous") crimes cannot be plea bargained. This includes all crimes that use capital punishment, and all sexual crimes, ranging from capital crimes like rape down to petty crimes like buggery and petty vice.

The concept of plea bargaining is seen as a concept for jury trials and most police administrative districts (whose cops also serve as the prosecutors) do not even consider it.

In fact, lawyers themselves are not universal in TS law. Obviously, all TurtleShroomers have a fundamental right to access legal counsel and be represented by an attorney, but it's seen as dishonorable to take one. TurtleShroomers are expected to represent themselves, and the government has encouraged actual law courses to be taught to schoolchildren for centuries. Almost every schoolhouse or school system in the Empire requires students to take law courses, where they learn how the court system works and how to perform court activities like presenting evidence, cross-examining witnesses, and so on.

The reason that TurtleShroomers are directly taught to represent themselves and have a basic law education goes back almost four hundred years. Lawyers are hated in TurtleShroom and their presence in the criminal justice system is seen, in the best of terms, a necessary evil. As such, it is considered dishonorable to resort to one. Most TurtleShroomers in court have a lawyer providing counsel, advice, and assistance, but they are not actually defending or representing the TurtleShroomer before the judge.

The Missionaries who founded the human part of TurtleShroom founded the country with four basic laws: "NO ALCOHOL. NO SLAVES. NO LAWYERS. NO CATHOLICS.". Of those three original rules, the lattermost was repealed entirely when TS drafted its First Constitution. The second to last one - "NO LAWYERS" -permanently impacted the justice system and is the reason TurtleShroom uses Civil Law and not Common Law.

These reasons that relegate lawyers to a secondary role in the court system are the same reasons that plea bargaining, which TurtleShroomers say is used to subvert justice and threaten people who don't cooperate with authorities, is almost never taken.
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Apiary One
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Founded: Jul 05, 2019
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Postby Apiary One » Sat Aug 17, 2019 7:56 am

Plea bargaining does not exist in Apiary One, for the reason that trials do not exist. Citizens have no presumption of innocence; the police acts as prosecutor, judge, and executioner.


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