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saprotseso shetanxmeba

English translation: plea bargain

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Georgian term or phrase:saprotseso shetanxmeba
English translation:plea bargain
Entered by: Levan Namoradze
Options:
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06:21 Aug 15, 2006
Georgian to English translations [PRO]
Law/Patents - Law (general) / legal
Georgian term or phrase: saprotseso shetanxmeba
tsixidan gaantavisuples saprotseso shetanxmebit...
R. E. M
Local time: 18:10
plea bargain
Explanation:
A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty or no contest (and often allocute) in exchange for some concession from the prosecutor. This concession can include reducing the original charge or charges, dismissing some of the charges against the defendant or limiting the punishment a court can impose on the defendant. Generally, a plea bargain allows the parties to agree on the outcome and settle the pending charge. In colloquial terms this is known as "copping a plea".

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Note added at 24 mins (2006-08-15 06:46:02 GMT)
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http://en.wikipedia.org/wiki/Plea_bargain

--------------------------------------------------
Note added at 25 mins (2006-08-15 06:46:54 GMT)
--------------------------------------------------

... s/he was discharged on the basis of plea bargain

--------------------------------------------------
Note added at 48 mins (2006-08-15 07:09:49 GMT)
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მაია, ზუსტად რომ არ ვიცოდე (გამომდინარე ჩემს იურისტებთან კონსულტაციიდან), ასე დარწმუნებით ხომ არ დავწერდი?

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Note added at 49 mins (2006-08-15 07:10:48 GMT)
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გარდა ინფორმაციით ვაჭრობისა, შეთანხმების საგანი შესაძლოა იყოს სწორედ ბრალის აღიარებაც.

--------------------------------------------------
Note added at 50 mins (2006-08-15 07:11:47 GMT)
--------------------------------------------------

და ბოლოს, როგორც ჩანს, მითითებული ბმული სრულად არ ჩანს, ამიტომ:
Plea bargaining is a significant part of the criminal justice system in the United States—the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. Plea bargains are subject to the approval of the court. However, plea bargains can lead to collateral consequences of criminal charges (see below).

In some common law jurisdictions, such as England and Wales, and Victoria, Australia, plea bargaining is permitted only to the extent that the prosecutors and the defense can agree that the defendant will plead guilty to some charges and the prosecutor will drop the remainder. The courts in these jurisdictions have made it plain that they will always decide what the appropriate penalty is to be. No bargaining takes place over the penalty.

Plea bargaining was introduced in India by amendment of the Code of Criminal Procedure starting January 11, 2006. This affects cases in which the maximum punishment is imprisonment for seven years; however, offenses affecting the socio-economic condition of the country and offenses committed against a woman or a child below the age of fourteen are excluded.

--------------------------------------------------
Note added at 51 mins (2006-08-15 07:12:41 GMT)
--------------------------------------------------

Pros and cons of plea bargaining

The reasons for plea bargaining by either side may be several. In most cases, the plea bargain is to avoid the uncertainty of the jury trial, and minimize the risk of undesirable results for either side. Prosecutors generally have wide discretion regarding the charges they may bring, and therefore have the option to charge the defendant with the highest charges that are applicable to the situation at hand. Thus in a plea bargain, the defendant is left to choose between the certainty of accepting sentencing for a much less serious charge, or the uncertainty of a jury trial in which the defendant might be found not guilty, but which also carries the risk of being found guilty of the original, more serious charges.

In other cases, a defendant may be culpable in one criminal matter, but have information that would help in prosecuting a broader or more significant matter. In such a case, prosecutors may agree to reduced charges or sentencing in the first matter, in exchange for the defendant's cooperation (e.g. testimony) in prosecuting the larger matter.

In still other cases, prosecutors may be certain of the guilt of the defendant in a matter, but the evidence may not be enough to convince a jury of the defendant's guilt. It is of benefit to both the prosecutor and the defendant to arrange a plea bargain — this avoids the chance that the defendant could be found not guilty (which is unfavorable to the prosecutor) or be found guilty of serious charges (which is unfavorable to the defendant).

Plea bargaining also allows prosecutors to settle cases without forcing a victim to endure a lengthy court process or have to testify in a jury trial.

Plea bargaining also helps courts and prosecutors manage caseloads. In the United States, defendants have a right to a speedy trial under both the Sixth Amendment to the United States Constitution as well as by statute. The meaning of "speedy" is not fixed in terms of a specified amount of time but is determined according to the circumstances. However, if the speedy trial is not held, the case is dismissed and the defendant cannot again be charged with the crime. (See: Double Jeopardy) By plea bargaining, prosecutors can reduce the number of cases set for trial so that cases do not get dismissed.

Thus it has been argued that the American criminal justice system would simply cease to function without plea bargaining, and that it forms a framework wherein the accused and his accusers can reach an agreement which settles the case once and for all, in what is hoped will be a spirit of fairness.

Critics of the system point out that the plea bargain system puts strong pressure on defendants to plead to crimes that they know that they did not commit, and that the outcome of a plea bargain may depend strongly on the negotiating skills and personal demeanor of the defense lawyer, which puts persons who can afford good lawyers at an advantage.

Furthermore, the system encourages prosecutors to overcharge at the start of a case which leads to caseload pressures or unusually severe penalties; e.g., Lionel Tate. Finally, many jurists, especially in civil law nations, find the notion of plea bargaining contrary to the purpose of the law in which a specific action should be associated with a specific penalty. The introduction of a version of plea bargaining was highly controversial in France, see below.

Lastly, the plea bargain may itself carry unintended ramifications. In some situations, notably where unauthorized immigrants are defendants in the United States, pleading guilty to a crime in a plea bargain can be devastating. Because the judge has no influence over immigration decisions by the INS, or discretion to consider such matters, an immigrant defendant may take a plea bargain, plead guilty, and consequently be deported by the INS for committing (among other reasons) a "crime of moral turpitude." Unintended or unforseen effects of a plea bargain are known as the collateral consequences of criminal charges.

--------------------------------------------------
Note added at 51 mins (2006-08-15 07:12:54 GMT)
--------------------------------------------------

Plea bargaining in civil law countries

Plea bargaining is extremely difficult in jurisdictions based on civil law. This is because unlike common law systems, civil law systems have no concept of plea—if the defendant confesses, that confession is entered into evidence, but the prosecution is not absolved of the duty to present a full case. A court may decide that a defendant is innocent even though he presented a full confession. Also unlike common law systems, prosecutors in civil law countries may have limited or no power to drop or reduce charges after a case has been filed, and in some countries their power to drop or reduce charges before a case has been filed is limited, making plea bargaining impossible. Furthermore, many civil law jurists consider the concept of plea bargaining to be abhorrent, seeing it as reducing justice to barter.

The introduction of a limited form of plea bargaining (plaider coupable) was highly controversial in France. In this system, the public prosecutor could propose to suspects of relatively minor crimes a penalty not exceeding one year in prison; the deal, if accepted, had to be accepted by a judge. Opponents, most specifically attorneys and left-wing parties, argued that plea bargaining would gravely infringe on the rights of defense, the long-standing constitutional right of presumption of innocence, the rights of suspects in police custody, and the right to a fair trial. [1][2][3] For instance, Robert Badinter argued that plea bargaining would give too much power to the public prosecutor, and would incite defendants to accept a sentence simply to avoid the risk of a bigger sentence in a trial, even if they did not really deserve it.

Estonia is another country where plea bargaining has been introduced in the 90s allowing to reduce penalty in exchange for confession and avoiding most of the court proceedings. In that country plea bargaining is permitted for the crimes punishable by no more than 4 years of imprisonment. Normally one third reduction of penalty is given.
Selected response from:

Levan Namoradze
Georgia
Local time: 02:10
Grading comment
My thanks to Levan II )
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +2plea bargain
Levan Namoradze


  

Answers


20 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
plea bargain


Explanation:
A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty or no contest (and often allocute) in exchange for some concession from the prosecutor. This concession can include reducing the original charge or charges, dismissing some of the charges against the defendant or limiting the punishment a court can impose on the defendant. Generally, a plea bargain allows the parties to agree on the outcome and settle the pending charge. In colloquial terms this is known as "copping a plea".

--------------------------------------------------
Note added at 24 mins (2006-08-15 06:46:02 GMT)
--------------------------------------------------

http://en.wikipedia.org/wiki/Plea_bargain

--------------------------------------------------
Note added at 25 mins (2006-08-15 06:46:54 GMT)
--------------------------------------------------

... s/he was discharged on the basis of plea bargain

--------------------------------------------------
Note added at 48 mins (2006-08-15 07:09:49 GMT)
--------------------------------------------------

მაია, ზუსტად რომ არ ვიცოდე (გამომდინარე ჩემს იურისტებთან კონსულტაციიდან), ასე დარწმუნებით ხომ არ დავწერდი?

--------------------------------------------------
Note added at 49 mins (2006-08-15 07:10:48 GMT)
--------------------------------------------------

გარდა ინფორმაციით ვაჭრობისა, შეთანხმების საგანი შესაძლოა იყოს სწორედ ბრალის აღიარებაც.

--------------------------------------------------
Note added at 50 mins (2006-08-15 07:11:47 GMT)
--------------------------------------------------

და ბოლოს, როგორც ჩანს, მითითებული ბმული სრულად არ ჩანს, ამიტომ:
Plea bargaining is a significant part of the criminal justice system in the United States—the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. Plea bargains are subject to the approval of the court. However, plea bargains can lead to collateral consequences of criminal charges (see below).

In some common law jurisdictions, such as England and Wales, and Victoria, Australia, plea bargaining is permitted only to the extent that the prosecutors and the defense can agree that the defendant will plead guilty to some charges and the prosecutor will drop the remainder. The courts in these jurisdictions have made it plain that they will always decide what the appropriate penalty is to be. No bargaining takes place over the penalty.

Plea bargaining was introduced in India by amendment of the Code of Criminal Procedure starting January 11, 2006. This affects cases in which the maximum punishment is imprisonment for seven years; however, offenses affecting the socio-economic condition of the country and offenses committed against a woman or a child below the age of fourteen are excluded.

--------------------------------------------------
Note added at 51 mins (2006-08-15 07:12:41 GMT)
--------------------------------------------------

Pros and cons of plea bargaining

The reasons for plea bargaining by either side may be several. In most cases, the plea bargain is to avoid the uncertainty of the jury trial, and minimize the risk of undesirable results for either side. Prosecutors generally have wide discretion regarding the charges they may bring, and therefore have the option to charge the defendant with the highest charges that are applicable to the situation at hand. Thus in a plea bargain, the defendant is left to choose between the certainty of accepting sentencing for a much less serious charge, or the uncertainty of a jury trial in which the defendant might be found not guilty, but which also carries the risk of being found guilty of the original, more serious charges.

In other cases, a defendant may be culpable in one criminal matter, but have information that would help in prosecuting a broader or more significant matter. In such a case, prosecutors may agree to reduced charges or sentencing in the first matter, in exchange for the defendant's cooperation (e.g. testimony) in prosecuting the larger matter.

In still other cases, prosecutors may be certain of the guilt of the defendant in a matter, but the evidence may not be enough to convince a jury of the defendant's guilt. It is of benefit to both the prosecutor and the defendant to arrange a plea bargain — this avoids the chance that the defendant could be found not guilty (which is unfavorable to the prosecutor) or be found guilty of serious charges (which is unfavorable to the defendant).

Plea bargaining also allows prosecutors to settle cases without forcing a victim to endure a lengthy court process or have to testify in a jury trial.

Plea bargaining also helps courts and prosecutors manage caseloads. In the United States, defendants have a right to a speedy trial under both the Sixth Amendment to the United States Constitution as well as by statute. The meaning of "speedy" is not fixed in terms of a specified amount of time but is determined according to the circumstances. However, if the speedy trial is not held, the case is dismissed and the defendant cannot again be charged with the crime. (See: Double Jeopardy) By plea bargaining, prosecutors can reduce the number of cases set for trial so that cases do not get dismissed.

Thus it has been argued that the American criminal justice system would simply cease to function without plea bargaining, and that it forms a framework wherein the accused and his accusers can reach an agreement which settles the case once and for all, in what is hoped will be a spirit of fairness.

Critics of the system point out that the plea bargain system puts strong pressure on defendants to plead to crimes that they know that they did not commit, and that the outcome of a plea bargain may depend strongly on the negotiating skills and personal demeanor of the defense lawyer, which puts persons who can afford good lawyers at an advantage.

Furthermore, the system encourages prosecutors to overcharge at the start of a case which leads to caseload pressures or unusually severe penalties; e.g., Lionel Tate. Finally, many jurists, especially in civil law nations, find the notion of plea bargaining contrary to the purpose of the law in which a specific action should be associated with a specific penalty. The introduction of a version of plea bargaining was highly controversial in France, see below.

Lastly, the plea bargain may itself carry unintended ramifications. In some situations, notably where unauthorized immigrants are defendants in the United States, pleading guilty to a crime in a plea bargain can be devastating. Because the judge has no influence over immigration decisions by the INS, or discretion to consider such matters, an immigrant defendant may take a plea bargain, plead guilty, and consequently be deported by the INS for committing (among other reasons) a "crime of moral turpitude." Unintended or unforseen effects of a plea bargain are known as the collateral consequences of criminal charges.

--------------------------------------------------
Note added at 51 mins (2006-08-15 07:12:54 GMT)
--------------------------------------------------

Plea bargaining in civil law countries

Plea bargaining is extremely difficult in jurisdictions based on civil law. This is because unlike common law systems, civil law systems have no concept of plea—if the defendant confesses, that confession is entered into evidence, but the prosecution is not absolved of the duty to present a full case. A court may decide that a defendant is innocent even though he presented a full confession. Also unlike common law systems, prosecutors in civil law countries may have limited or no power to drop or reduce charges after a case has been filed, and in some countries their power to drop or reduce charges before a case has been filed is limited, making plea bargaining impossible. Furthermore, many civil law jurists consider the concept of plea bargaining to be abhorrent, seeing it as reducing justice to barter.

The introduction of a limited form of plea bargaining (plaider coupable) was highly controversial in France. In this system, the public prosecutor could propose to suspects of relatively minor crimes a penalty not exceeding one year in prison; the deal, if accepted, had to be accepted by a judge. Opponents, most specifically attorneys and left-wing parties, argued that plea bargaining would gravely infringe on the rights of defense, the long-standing constitutional right of presumption of innocence, the rights of suspects in police custody, and the right to a fair trial. [1][2][3] For instance, Robert Badinter argued that plea bargaining would give too much power to the public prosecutor, and would incite defendants to accept a sentence simply to avoid the risk of a bigger sentence in a trial, even if they did not really deserve it.

Estonia is another country where plea bargaining has been introduced in the 90s allowing to reduce penalty in exchange for confession and avoiding most of the court proceedings. In that country plea bargaining is permitted for the crimes punishable by no more than 4 years of imprisonment. Normally one third reduction of penalty is given.

Levan Namoradze
Georgia
Local time: 02:10
Specializes in field
Native speaker of: Native in GeorgianGeorgian
PRO pts in category: 298
Grading comment
My thanks to Levan II )

Peer comments on this answer (and responses from the answerer)
agree  Maya Gorgoshidze: plea bargain - сделка о признании вины (Lingvo). ara mgonia "saprotseso shetanxmeba" es ikos//დამაჯერე :)
22 mins
  -> მაია, ბრალის აღიარების გარეშე, ვერანაირ საპროცესო შეთანხმებას ექნება ადგილი. ბრალის აღიარების შემდგომ, ბრალდებული "სთავაზობს" (ან მას სთავაზობს გამოძიება ან პროკურორი) გასცეს გარკვეული ინფორმაცია (ან სხვა) და იდება საპროცესო შეთანხმება (plea bargain).

agree  Nola JK: Levanis versias vetanxmebi.
3 hrs
  -> გმადლობ, ნინო.
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