blog




  • Essay / Plea Negotiations: Currency of the Courts - 1493

    “Rahim Jaffer Case Heads to Plea Bargain”; former Alberta MP Rahim Jaffer was charged with cocaine possession and drunk driving; his case was likely to be resolved by a plea deal (Makin, 2010). This is just one of many cases that are resolved through a plea bargain agreement. The plea bargain may take the form of a reduced sentence, withdrawal or suspension of other charges, or a promise not to pursue further charges, in exchange for a guilty plea from the accused. During the discussion of a possible plea bargain agreement, the Crown prosecutor and defense lawyer will review four distinct sections of a plea bargain: charge discussions, sentencing discussions, procedural discussions and agreements on the facts of the offense and the clarification of the issues in dispute. in order to speed up the trial (“Plea trading”, 2011). According to the Department of Justice, approximately 90% of criminal cases are resolved each year through plea negotiations (“Findlaw,” 2012). Despite what appears at first glance to be widespread reliance on plea bargaining, plea negotiations are incredibly useful to our justice system. First, plea agreements serve to reduce case overload and avoid lengthy trials, thereby avoiding appeals of court decisions and allowing greater access to the justice system. In turn, a less burdened justice system can focus its efforts on the most serious criminal offenses, ensuring that these cases are handled in a manner most likely to result in a conviction. Overall, this judicial efficiency translates into cost savings and better allocation of resources. This article will explore these two main benefits and also discuss potential criticisms of the plea bargaining system. Advocacy became...... middle of article......, 2012, from http://www.justice.gc.ca/fra/pi/icg-gci/pb4-rpc4.htmlNegotiation of advocacy. (February 28, 2011). Retrieved from http://www.victimsofviolence.on.ca/rev2/index.php?option=com_content&task=view&id=378&Itemid=197Plea Bargaining in Canada. (2011). Retrieved from http://www.justice.gc.ca/fra/pi/rs/rep-rap/2002/rr02_5/p3.htmlRomaniuk, T. (nd). Center for Constitutional Studies - R. v. Askov. Faculty of Law - University of Alberta. Accessed April 19, 2012 from http://www.law.ualberta.ca/centres/ccs/rulings/AskTappscott. (2012). street directory. Retrieved from http://www.streetdirectory.com/travel_guide/14026/legal_matters/plea_bargaining_pros_and_cons.html Young, R. (November 16, 2011). The reductions caused some courts to dismiss criminal cases. Here and Noah. Retrieved April 19, 2012 from http://www.hereandnow.wbur.org/2011/11/16/budget-cuts-court