Negotiating for Justice: Judge's Perception of the Plea-Bargaining Process in Malaysia

Abstract

Objective - This paper aims to examine the role of judges and the reality of the plea-bargaining process from the perspective of the judiciary, focusing primarily on their perceptions on the new law and their role and the problems facing them in implementing the law. Methodology/Technique - This paper adopts a qualitative methodology, in which the primary data is obtained from semi-structured interviews with 20 respondents comprising of the stakeholders in the criminal justice system. The secondary data is obtained from analysing the CPC and other library-based sources. Findings - The research reveals that judges are facing some problems derived from the law itself which makes the new plea-bargaining process unappealing to them. Consequently, judges have invented their solutions either by reverting to the old practice or imposing on the parties their terms in disposing of the case through judge-prompted plea-bargain. Novelty - This paper is significant in providing some evidence of the procedural difficulties faced by judges in hearing plea-bargaining application at the pre-trial stage. Type of Paper - Review Keywords: Criminal Procedure; Judiciary; Pre-trial Stage; Plea-Bargaining Process; Plea of Guilty. JEL Classification: K40, K49