El Plea bargaining system en los Estados Unidos: Atenta contra el derecho a la igualdad? una perspectiva comparada

Abstract

There is a tendency in the world to take into account the procedural models of the United States. In Latin America, this tendency is based on political issues, going from the inquisitive system to the adversarial system, from the written system to the oral system. In this important step has been raised the possibility of pre-negotiations that benefit the parties. In the United States, plea bargaining, in Colombia, the principle of opportunity. In the present work a descriptive and exploratory type comparison of this type of negotiation was made in each case, observing in each one, if the principle of equality is fulfilled or taken into account, for this work, I took books, class notes, interviews, doctrine And jurisprudence to arrive at the main conclusion that effectively during this type of negotiations comes to break the principle of equality, which systems should guarantee at all costs, as it is a universal principle. It will always contradict the Constitution through a law that treats unequally the people who are in the same situation as a law that treats equally those who are in different positions