TY  - JOUR
TT  - ENHANCING PLEA BARGAINING PROCESS THROUGH MEDIATION
AU  - Ab Aziz, Norjihan
AU  - Mohamad Amin, Noorshuhadawati
AU  - Ab Hamid, Zuraini
PY  - 2017
DA  - April
DO  - 10.18769/ijasos.320064
JF  - IJASOS- International E-journal of Advances in Social Sciences
JO  - IJASOS
PB  - OCERINT International Organization Center of Academic Research
WT  - DergiPark
SN  - 2411-183X
SP  - 306
EP  - 312
VL  - 3
IS  - 7
KW  - plea bargaining
KW  - mediation
KW  - punishment
N2  - Plea bargaining is an out of court process whichallows the accused to plea for reduction of a charge or sentence for an offencethat he had committed. It is a common practice among the accused and theprosecutor to expedite the disposal of criminal case. It benefits the prosecutorto secure the punishment of the accused without proceeding to a full trial,which needs a certain procedure and a higher standard of proof to prove theaccused guilty of an offence. Through plea bargaining, the accused will not besubjected to severe charge or punishment, and the prosecutor and the accusedcannot appeal the case to the higher court if plea bargaining is successful.Nevertheless, the process of negotiation without the assistance of a thirdparty could lead to the unsuccessful of plea bargaining which may result to afull trial. This happens if the prosecutor or the accused disagree with thesentence or a new charge offered by any one of them. This will causeinconvenience to the accused if he initially agrees to plea bargaining forreduction of the charge or sentence, however, due to the dissatisfaction of thesuggestion of a new charge or sentence offered by the accused, the prosecutor tendsto proceed the case to a full trial. This can be avoided if a neutral thirdparty assists the accused and the offender to reach a deal. For instance, inSingapore a judge acts as a mediator to facilitate the process of pleabargaining to resolve criminal cases out of court. Thus, this research examineshow plea bargaining is conducted under the Criminal Procedure Code of Malaysia.It also analyses how mediation helps plea bargaining process under the law ofSingapore. It is suggested that the Criminal Procedure Code of Malaysia beamended to allow a third party to facilitate the process of plea bargaining.
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UR  - https://doi.org/10.18769/ijasos.320064
L1  - https://dergipark.org.tr/en/download/article-file/312372
ER  -