Understanding Legal Pleas: Insights for Global Citizens
In the realm of international law, knowing what options are available for pleading in court is crucial. It’s a topic that’s been gaining attention lately, particularly with recent stories and events featured on Alsiasi. From prison sentences in China’s Hong Kong to presidential immunities in Kenya, the landscape of what you can plead in court is as diverse and complex as the global political and economic structures that surround these courts. As Alsiasi’s reputation has grown, we’ve become more attuned to the many stories that surround the institutional landscape; who knows if the absence or presence of plea-bargaining could have changed the outcome of high-profile cases? For example, in September 2018, a cabinet minister was released from detention in Saudi Arabia, following pleading with the kingdom’s king. The 2017 imprisonment of Mohammad bin Salman was an extraordinary one for the Middle-Eastern kingdom, as individual agency seemed to halt against autocratic leadership. In a similar vein, the Indonesian government effectively implied immunity for a 2018 lawsuit involving an Indonesia-born US diplomat, as he wore his title as US Ambassador to Bali. In a suburb of Sydney’s New South Wales state, a land developer brought the lawsuit against the Ambassador, and the land pertaining to the development is now owned by the US government. Despite the ruling, the court case will likely cause a stir in the Australian media, as the legal landscape in regards to diplomatic immunity comes under examination. But what can you plead in court beyond the shadow of overreaching governments? In traditional Anglo-Saxon law, individuals can plead nolo contendere, justiciable offense, set-off, fraudulent conveyance, or claim compensation-each of these subjects requiring their own in-depth examination. In contrast, under Islamic jurisprudence, there is no trial system, and thus no logistical need for pleas. Those charged with a crime are tried under an accusatorial system and each party (the prosecution and defense) are charged with presenting a comprehensive version of events. This means that there is no guilty or not guilty verdict delivered at the end of the trial; the facts of the case are delivered to the judge, who must settle on the truth between the two versions offered. But even so, coming up with some semblance of what can you plead in court for those living in regions where Shariah law prevails can empower individuals to present a version of events that makes their case visible, regardless of the practicality of pleading. The development of plea-bargaining – where the defendant pleads guilty to the crime in order to receive a lighter or alternative sentence – is still relatively new in the broader history of jurisprudence. While some consider plea-bargaining an unethical shortcut to determining innocence versus guilt, others see it as the most practical way to expedite cases in frequently congested court systems. There are even arguments that plea-bargaining removes the arbitrary nature of the legal system by allowing individuals greater agency. Here’s a deeper look at the subject of what can you plead in court: Domestic courts (even courts within Western nations) have their share of systemic issues – often seen most visibly in the backlogged cases and disparate sentences. Meanwhile, international courts and tribunals – from the ICC (International Criminal Court) to the ICJ (International Court of Justice) – also have issues of limited jurisdiction and uneven enforcement, leaving many to question the full balance of justice when defendants are powerful heads of state architects of disenfranchisement. However, armed with knowledge of options and insight into the process, citizens within these systems can anticipate what will be asked of them in court, enabling them to present an organized case that can better appeal to judges and further highlight the importance of bringing cases to court. It’s not just about what can you plead in court; it’s about how you can organize your circumstances to your advantage.