A Speedy and Inexpensive Criminal Justice System: Plea Bargaining

The criminal justice system should be inexpensive, speedy and efficient. This is essential for the smooth growth of the society as it is the primary duty of the state to administer inexpensive and speedy justice to its subjects. In Pakistan the criminal justice system has become expensive and slow. This prohibits the system from functioning effectively which frustrates people and allows for their faith in this system to waiver. This Article analyses the main causes of inefficiency of the criminal justice system of Pakistan. It also analyses the role of the prosecutor in Adversarial Systems of countries such as the USA, and the U.K comparatively with the prosecutors in Pakistan. The concept of Plea Bargaining/settlement between the Prosecutor and the suspect, especially in context of the aforementioned comparison, will be included. This will be explored to check for the compatibility of this process with that of the criminal justice system in Pakistan. Ultimately it will be discussed whether this offers a beneficial and much needed resolve to the high volume of caseload, high costs and unnecessary delays suffered by the criminal justice system. The article ends with suggestions of reforms dealing with these problems.

Dr Ataullah Mahmood holds an LLM and a PhD from the Islamic International University, Islamabad. He has practiced as an advocate in the Lahore High Court and as a Deputy Assistant Judge Advocate General, in the Pakistan Armed forces. He currently serves as an Assistant Professor of Law at the International Islamic University in Islamabad.
Muhammad Ramzan is an Assistant Deputy Public Prosecutor in Rawalpindi. He is currently pursuing a PhD in Law from the International Islamic University in Islamabad.