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What Is Plea Bargaining Agreement

A guilty plea by the accused is not sufficient to render a guilty verdict. (Article 212 of Georgia`s Code of Criminal Procedure) Therefore, the court is required to debate two issues: at the trial of the accused, the accused plead guilty to a lesser crime than the original charges against them. In the charges, they plead guilty to a set of several initial charges. In criminal negotiations, they plead guilty to agreeing in advance what sentence is imposed; However, this sentence may still be denied by the judge. In fact, at trial, the accused pleads guilty, but the prosecutor agrees to confirm or admit certain facts that influence the way the accused is punished under the criminal guidelines. In low cases (where the guilt and conviction of jurors is less important), the right to pleading may be higher than in strong cases. Prosecutors tend to be highly motivated by conviction rates, and “there are many signs that prosecutors are willing to go a long way to avoid losing cases, and that] if prosecutors decide to prosecute with such weak cases, they are often willing to go a long way to ensure that cases get lost. [15] Prosecutors often have a great power to obtain a desired level of inducement as they choose the charges to be laid. For this reason, the Tribunal`s consent without the Tribunal`s consent has no legal effect.

The Tribunal must ensure that the fundamental agreement is reached on the basis of the defendant`s free will, that the defendant fully recognizes the nature of the fundamental agreement and its consequences. (Article 212 of Georgia`s Code of Criminal Procedure) If the court is satisfied that the defendant fully acknowledges the consequences of the defence agreement and that he or she has been represented by the Defence Council, his will is expressed in full compliance with the legal requirements without deception or coercion, even if there is sufficient evidence of doubt as to the conviction and the agreement on a lawful sentence is found – the court approves the pleadings and renders a verdict guilty. If one of the above conditions is not met, the Tribunal rejects the authorization of the plea and refers the matter to the prosecutor. (Article 213 of Georgia`s Code of Criminal Procedure). The question of the extent to which innocent people accept a plea and plead guilty is controversial and has been the subject of an action. Many researches have focused on relatively unproven cases where innocence has subsequently been proven, such as successful appeals to murder and rape on the basis of DNA evidence, which are generally atypical for trials as a whole (by nature only the most serious types of crimes). Other studies have focused on presenting hypothetical situations to subjects and the choice they would make. More recently, some studies have attempted to examine the real reactions of innocent people in general when faced with real advocacy decisions.

A study by Dervan and Edkins (2013) attempted to recreate a true controlled advocacy situation, rather than requiring theoretical answers to a theoretical situation – a common approach in previous research. [14] She put the subjects in a situation where a charge of academic fraud (fraud) could be laid, some of which were in fact man of the order (and knew it), and some were innocent, but were apparently confronted with solid evidence of guilt and had no verifiable evidence of innocence. Each subject was presented with evidence of guilt and offered the choice between reviewing an academic ethics committee and perhaps a great deal of punishment with respect to additional courses and other effect, or admitting guilt and accepting a lighter “sentence.”