Abstract
AbstractA plea bargaining system is a novelty and originally a legal transplant in Northern European countries. It exists—in some form—for instance in Finland, Norway and Denmark, whereas in Sweden only the system of crown witnesses is likely to be introduced. In this chapter plea bargaining is put into the East-Nordic—Finnish and Swedish—contexts. How does plea bargaining fit into the East-Nordic court culture? Which ingredients does the contemporary legal culture consist of? In which way is court culture changing due to the new values in the society? Or are the amendments made primarily to reduce the costs of the state? Fairness, procedural justice, conflict resolution, negotiated law, pragmatically acceptable compromise, procedural truth, court service, communication and interaction are examples of the topics that are currently discussed in Finland and Sweden. At the same time, the use of written proceedings and proceedings in the absence of an accused are increasing. Is the plea bargaining system a step towards a more effective and economic criminal procedural system or is it mirroring new type of thinking concerning criminal proceedings? In this chapter, these elements are discussed. Finland is used as a main example. The Finnish situation is also compared with Sweden.
Highlights
A plea bargaining system is a novelty and originally a legal transplant in Northern European countries
In Sweden, plea bargaining is not possible, but recently a discussion on crown witnesses, 1According to the Oxford English dictionary, plea bargaining refers to an arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges. 2Ervo (2014a), pp. 97–98 and Oikarainen (2012), p. 752–753
Plea bargaining is quite new in Northern Europe. How does it fit into our traditional court culture, or is the court culture no longer the same?
Summary
Many Nordic and Baltic countries have recently adopted a plea-bargaining system. It exists—in some form—in Finland, Estonia, Norway, Denmark, and Latvia.. In Sweden, plea bargaining is not possible, but recently a discussion on crown witnesses, 1According to the Oxford English dictionary, plea bargaining refers to an arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges. It exists—in some form—in Finland, Estonia, Norway, Denmark, and Latvia. In Sweden, plea bargaining is not possible, but recently a discussion on crown witnesses, 1According to the Oxford English dictionary, plea bargaining refers to an arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges. 2Ervo (2014a), pp. 97–98 and Oikarainen (2012), p. 752–753
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