مفاوضات الاعتراف بالذنب : دراسة في القانون الأمريكي

الملخص EN

This study discusses plea bargaining which is deemed a criminal procedural process through which the accused is encouraged to admit that he has committed the crime and to accept criminal responsibility so that he waives his right to the trial in return for change of the characterization of the crime or reduction of the penalty applying to the crime.

this procedural process takes place after the approval by the court that hears the claim.

plea bargaining is deemed an exception from the accused's right to trial stipulated by the sixth amendment to the US constitution.

this study revolves around the analysis of the changing stance of the U.S.

supreme court's stance on such bargaining, and its impact on the states' courts and the US criminal procedural system and also on the accused's rights stipulated by the U.S.

constitutions as amended in order to shed light on a matter that is deemed one of the most important criminal procedures under the U.S.

law.

these procedures consist in plea bargaining, the analysis of what plea bargaining is, the requirements to be met in connection with it, the determination of its importance in the procedural work, the criticisms raised against it, the U.S.

supreme court's stance on such bargaining, the role played by the accused and the prosecution authority during it, and to what extent it is mandatory after acceptance of plea bargaining.

U.S.

supreme court set requirements for validity of plea bargaining procedure and for producing their legal effects, consisting in the accused's freewill when initiating the bargaining between him and the public prosecution.

in other words, the accused accepts plea bargaining voluntarily and under no influence on part of the public prosecutor, either by enticing or through intimidation.

the accused must be fully aware of the indictment which shall be made against him in the event he accepts the public prosecutor's offer of plea bargaining.

he shall also be fully aware of the nature and details of the agreement with the public prosecutor and the effects arising from such agreement in addition to the necessity of representation of the accused by an attorney during the procedures of plea bargaining leading to the admission of guild until an agreement is reached and a penalty is issued.