Plea bargaining has been and still is an important issue in Australia and Europe. Interestingly, in Australia only a few articles focus on the phenomenon plea bargaining. This cannot properly address the importance of plea bargaining in the criminal procedure and the whole judicial administration system. In Germany plea bargaining is intensively discussed after the German Federal Constitutional Court and the German Supreme Court made first attempts to regulate and implement the phenomenon in the existing criminal procedure. This essay will discuss selected issues concerning plea bargaining in order to describe its nature in the criminal justice system. After presenting the preconditions for plea bargaining in Australia and Germany both systems are critically reviewed by focussing on particular issues being important from a comparative point of view.
Inhaltsverzeichnis (Table of Contents)
- I INTRODUCTION
- A The Phenomenon Plea-Bargaining
- B Comparative Approach
- II AUSTRALIA
- A Development of plea bargaining process in Australia
- B Terminology
- 1 Implicit plea bargaining
- 2 Charge bargaining
- 3 Sentence indication bargaining
- C Preconditions for plea bargaining in Australia
- D The role of plea bargaining in Australia
- III GERMANY
- A Plea bargaining in Germany
- B Preconditions of plea bargaining in Germany
- 1 Guiding principles of the German Criminal procedure
- 2 Fair and equal treatment
- 3 Exclusion of matters
- 4 Compulsory control of the court
- 5 No inappropriate pressure on the accused
- 6 Maximum sentence
- 7 Publicity of plea bargaining
- 8 Participation of all parties to the trial
- 9 Release on remedy
- C The role of plea bargaining in Germany
- IV COMPARISON
- V CONCLUSION
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay aims to compare and contrast the approaches to plea bargaining in Australia and Germany. It examines the development, terminology, preconditions, and overall role of plea bargaining within each country's criminal justice system. The comparison highlights key differences and similarities in the two systems.
- The development and current practices of plea bargaining in Australia and Germany.
- The differing terminology used to describe plea bargaining in both jurisdictions.
- A comparative analysis of the preconditions for plea bargaining in both countries.
- The role and significance of plea bargaining within each respective criminal justice system.
- Key differences and similarities between the Australian and German approaches to plea bargaining.
Zusammenfassung der Kapitel (Chapter Summaries)
I INTRODUCTION: This introductory chapter establishes the significance of plea bargaining in Australia and Germany, highlighting the limited scholarly attention to this phenomenon in Australia and the extensive debate surrounding its regulation and implementation in Germany following interventions from the Federal Constitutional Court and the Supreme Court. It also outlines the comparative approach the essay will take, focusing on the preconditions for plea bargaining to reveal similarities and differences between the two systems.
II AUSTRALIA: This chapter explores the development and practice of plea bargaining in Australia. It describes plea bargaining as a widely accepted legal procedure, emphasizing the benefits for both the accused (lighter sentences, reduced anxiety, avoidance of conviction stigma) and the community (shorter timeframes). The chapter details various types of plea bargaining (implicit, charge, sentence indication) and preconditions including the prosecution's role, the accused's free decision, counsel's involvement, and the written form requirement. It further elaborates on the specific preconditions for sentence indication bargaining, such as sentencing by the court, sentence discounts, and the prohibition against court indication of the likely sentence. Extensive legal citations support the assertions made throughout this chapter.
III GERMANY: This chapter delves into the intricacies of plea bargaining in Germany, examining its terminology, development, and reform approaches. It highlights the guiding principles of German criminal procedure (legality, directness, public trial, oral hearing, and inquisitorial process) that shape the framework for plea bargaining. The chapter analyzes specific preconditions for plea bargaining in Germany, encompassing fair and equal treatment, exclusion of certain matters, compulsory court control, the absence of undue pressure on the accused, maximum sentence considerations, and the public aspects of plea bargaining, including disclosure and record-keeping. The role of release on remedy is also examined, distinguishing between release before and after sentencing and the mandatory provision of a qualified explanation on appeal rights.
Schlüsselwörter (Keywords)
Plea bargaining, Australia, Germany, criminal procedure, comparative law, sentence indication, charge bargaining, preconditions, legal principles, criminal justice system, comparative analysis.
Frequently Asked Questions: A Comparative Analysis of Plea Bargaining in Australia and Germany
What is the main topic of this text?
This text provides a comprehensive comparative analysis of plea bargaining practices in Australia and Germany. It examines the development, terminology, preconditions, and overall role of plea bargaining within each country's criminal justice system, highlighting key similarities and differences.
What topics are covered in the Table of Contents?
The Table of Contents includes an introduction, sections dedicated to Australia and Germany (detailing the development, terminology, preconditions, and role of plea bargaining in each country), a comparative analysis section, and a conclusion.
What are the key objectives and themes explored in this text?
The text aims to compare and contrast plea bargaining in Australia and Germany. Key themes include the development and current practices in both countries, the differing terminology used, a comparative analysis of preconditions, the role and significance of plea bargaining in each system, and a final identification of key similarities and differences.
What types of plea bargaining are discussed in relation to Australia?
The Australian section discusses implicit plea bargaining, charge bargaining, and sentence indication bargaining, outlining the preconditions and procedures for each.
What are the preconditions for plea bargaining in Australia?
Preconditions for plea bargaining in Australia include the prosecution's role, the accused's free decision, counsel's involvement, and the requirement of a written form. Specific preconditions for sentence indication bargaining include sentencing by the court, sentence discounts, and the prohibition against court indication of the likely sentence.
What are the key principles of German criminal procedure that influence plea bargaining?
The German section highlights guiding principles such as legality, directness, public trial, oral hearing, and the inquisitorial process. These principles shape the framework and preconditions for plea bargaining in Germany.
What are the preconditions for plea bargaining in Germany?
Preconditions for plea bargaining in Germany include fair and equal treatment, exclusion of certain matters, compulsory court control, the absence of undue pressure on the accused, maximum sentence considerations, public aspects (disclosure and record-keeping), and the role of release on remedy (before and after sentencing).
How does the text compare and contrast plea bargaining in Australia and Germany?
The comparative analysis section highlights the key differences and similarities between the two systems concerning their approaches to plea bargaining, based on the information presented in the Australian and German sections.
What are the key words associated with this text?
Key words include plea bargaining, Australia, Germany, criminal procedure, comparative law, sentence indication, charge bargaining, preconditions, legal principles, criminal justice system, and comparative analysis.
What is the overall purpose of this document?
The document aims to provide a structured and professional academic analysis of plea bargaining in Australia and Germany, offering a comprehensive comparison of both systems.
What kind of audience is this text intended for?
This text is intended for an academic audience interested in comparative criminal law, criminal procedure, and the practice of plea bargaining.
- Quote paper
- Dr. Ole Kramp (Author), 2008, How to deal with the deals?, Munich, GRIN Verlag, https://www.grin.com/document/122762
