EXPLORING THE THEORITICAL INTERSECTIONS OF PLEA BARGAINING VIS-À-VIS RESTORATIVE JUSTICE IN CRIMINAL TRIALS

Abstract

Restorative justice is a holistic approach to criminal justice that seeks to repair the harm caused by criminal behaviour rather than simply punishing offenders. It emphasizes the importance of addressing the needs of victims, offenders, and the community to promote healing, reconciliation, and reintegration. While restorative justice has gained recognition for its potential to transform the criminal justice system, it is essential to consider various mechanisms through which it can be implemented effectively. One such mechanism is plea bargaining, a process that allows offenders to negotiate their sentences in exchange for admitting guilt. This paper explores how plea bargaining can be used as a means to achieve restorative justice. The objective of both the ideas are unidirectional and have a common intersection. The researcher in this paper has made an attempt to establish that plea bargaining and restorative justice have a common legal objective where the former is a part of the bigger later. Secondly, by identifying the common intersections researcher has tried to establish how plea bargaining can be used to strengthen and attain the ideals of an effective restorative justice program.