When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia
The amendment of the Malaysian Criminal Procedure Code in 2010 formalised the plea-bargaining process and introduced two new sections, 172C and 172D. The new procedures are intended to reduce the backlog of cases in the criminal courts and as a swift alternative to a full criminal trial. However, th...
Published in: | Asian Journal of Criminology |
---|---|
Main Author: | |
Format: | Article |
Language: | English |
Published: |
Springer Netherlands
2019
|
Online Access: | https://www.scopus.com/inward/record.uri?eid=2-s2.0-85068858558&doi=10.1007%2fs11417-019-09288-x&partnerID=40&md5=2a7e6b37910e2c1745bd50042f928228 |
id |
2-s2.0-85068858558 |
---|---|
spelling |
2-s2.0-85068858558 Hamin Z.; Othman M.B.; Rani A.R.A. When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia 2019 Asian Journal of Criminology 14 3 10.1007/s11417-019-09288-x https://www.scopus.com/inward/record.uri?eid=2-s2.0-85068858558&doi=10.1007%2fs11417-019-09288-x&partnerID=40&md5=2a7e6b37910e2c1745bd50042f928228 The amendment of the Malaysian Criminal Procedure Code in 2010 formalised the plea-bargaining process and introduced two new sections, 172C and 172D. The new procedures are intended to reduce the backlog of cases in the criminal courts and as a swift alternative to a full criminal trial. However, the law in action does not appear to be in line with the law in the statute book because currently the actors involved in the process are avoiding the use of the new procedural law. Instead, those actors are following the old informal practice of plea-bargaining to achieve their personal goals which may be inconsistent with the organisational goals of the judiciary and prosecution. This paper adopts a qualitative methodology, in which the primary data is obtained from semi-structured interviews with twenty respondents comprising the stakeholders in the criminal justice system. © 2019, Springer Nature B.V. Springer Netherlands 18710131 English Article |
author |
Hamin Z.; Othman M.B.; Rani A.R.A. |
spellingShingle |
Hamin Z.; Othman M.B.; Rani A.R.A. When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia |
author_facet |
Hamin Z.; Othman M.B.; Rani A.R.A. |
author_sort |
Hamin Z.; Othman M.B.; Rani A.R.A. |
title |
When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia |
title_short |
When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia |
title_full |
When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia |
title_fullStr |
When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia |
title_full_unstemmed |
When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia |
title_sort |
When Law and Practice Collide: the Implementation of the Plea-Bargaining Process in Malaysia |
publishDate |
2019 |
container_title |
Asian Journal of Criminology |
container_volume |
14 |
container_issue |
3 |
doi_str_mv |
10.1007/s11417-019-09288-x |
url |
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85068858558&doi=10.1007%2fs11417-019-09288-x&partnerID=40&md5=2a7e6b37910e2c1745bd50042f928228 |
description |
The amendment of the Malaysian Criminal Procedure Code in 2010 formalised the plea-bargaining process and introduced two new sections, 172C and 172D. The new procedures are intended to reduce the backlog of cases in the criminal courts and as a swift alternative to a full criminal trial. However, the law in action does not appear to be in line with the law in the statute book because currently the actors involved in the process are avoiding the use of the new procedural law. Instead, those actors are following the old informal practice of plea-bargaining to achieve their personal goals which may be inconsistent with the organisational goals of the judiciary and prosecution. This paper adopts a qualitative methodology, in which the primary data is obtained from semi-structured interviews with twenty respondents comprising the stakeholders in the criminal justice system. © 2019, Springer Nature B.V. |
publisher |
Springer Netherlands |
issn |
18710131 |
language |
English |
format |
Article |
accesstype |
|
record_format |
scopus |
collection |
Scopus |
_version_ |
1820775466964877312 |