Plea bargains, who really wins
The issues of plea-bargaining have been criticized by those who believe in fairness and justice in our court system. Plea-bargaining over the years has stressed many important questions, none more important than "Do plea bargains prove to be an injustice to all?" "From the innocent defendant who may be victimized because of scare tactics or to the guilty defendant who does not benefit from a just and rehabilitative sentence? To the victim, who sees himself or herself treated as a party that is secondary and not central to the legal debate? And to society at large, which is exposed to the frequent recidivism of defendants who sense that justice may be short-circuited." (Law Reform Commission of Canada) Plea-bargaining, I believe denies justice altogether. In some cases convicted criminals allege that they were coerced or misled into admitting guilt for their offences without being given an opportunity to defend themselves. Victims of crime complain that they are not given an opportunity to recount in court the details surrounding attacks by criminals; that offenders are not punished on the basis of each crime perpetrated; and that the victim has little or no opportunity to participate in the selection of th
How is justice being served if a man who was willing to commit an offence is let free into soci!ety? It was documented in the Star that only 9 percent of cases are resolved by trail, leaving 91 percent of potential convictions to be up in the air. Justice should not be, and should not be seen to be, as something that can be purchased at the bargaining table. In such situations, no good is done. The Ontario Law Reform Commission (1973) referred to plea bargaining as "an unhealthy philosophy quite alien to our concept of an open, fair, and public administration of justice". The final decision was through plea bargaining, leaving the man a suspended sentence of 1-year under probation, down from 6-months in jail. There are those however that fear that victims will be disruptive and troublesome to the process because of high emotions on their part. In addressing these issues of overuse and abuse, the Canadian Sentencing Commission (1988): take the position that improvement of the process (by making it more visible and making the participants more accountable) is a more realistic goal than the removal of plea bargaining altogether. Negotiation becomes directed to the issue of how many years a plea is worth rather than to any meaningful sentencing goals. Is the safety of the community not compromised by plea-bargaining? The Illinois Crime Survey (1929) argued that plea negotiation "gives notice to the criminal population of Chicago that the criminal law and its enforcement do not really mean business. Plea-bargaining allows the guilty to escape with less punishment - not the punishment prescribed by the crime. ------------------------------------------------------------------------**Bibliography**. jail), and rehabilitation (to help the offender change his/her ways). One case that stands out, is a case if simple harassment to threats causing bodily harm.
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Acceptance Essays
