LIMITELE COMUNICĂRII ÎN JUSTIȚIA NEGOCIATĂ
LIMITS OF COMMUNICATION IN NEGOCIATED JUSTICE

Author(s): Alexandru Sava
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Psychology, Communication studies, Sociology
Published by: Biblioteca Ştiinţifică a Universităţii de Stat Alecu Russo
Keywords: guilty plea; communication; psychological pressure;
Summary/Abstract: During the guilty plea negotiations, ensuring a real communication between the prosecutor and the defendant is essential, in order for the latter to fully understand the consequences of the deal. The presence of a lawyer is meant to facilitate this. Still, a certain psychological pressure on the defendant may exist while guilt is accepted as stipulated in the agreement. Because this procedure takesplace during the arraignment, the defendant may assimilate the act of being sent into court with settling a certain degree of guilt for him, perceived as bigger than it really is. There is even a risk for an innocent person to accept the deal, only to insure the application of favorable circumstances in his case.

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