Plea Bargains: Currency of The Courts

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Recommended: Disadvantages of plea bargaining

“Rahim Jaffer case heads for plea-bargain”; former Alberta MP Rahim Jaffer was being charged on cocaine possession and drunk-driving charges; his case was likely to be resolved with a plea-bargain agreement (Makin, 2010). This is but one case of many that are settled though a plea-bargain agreement. Plea-bargaining can take the form of a sentence reduction, a withdrawal or stay of other charges, or, a promise not proceed on other charges, in exchange for a guilty plea by an accused. During discussion of a potential plea bargain agreement, the Crown Attorney and defence lawyer will look at 4 distinct sections of a plea negotiation: charge discussions, sentence discussions, procedural discussions, and agreements as to the facts of the offence and the narrowing of issues in order to expedite the trial ("Plea bargaining," 2011). According to the Department of Justice, approximately 90% of criminal cases are resolved each year by use of plea-bargaining (“Findlaw,” 2012). Despite what appears on its face to be rampant use of the plea agreement, plea negotiations are incredibly helpful to our court system. First, plea agreements serve to diminish the overload of cases and avoid lengthy trials, thus avoiding appeals of trial decisions and allowing greater access to the justice system. In turn, a less burdened court system can focus its efforts on the most serious of criminal offences thereby ensuring that such cases are handled in the manner with the greatest likelihood of securing a conviction. Overall, this judicial efficiency results in a cost savings and better allocation of resources. This paper will explore these two main benefits and also discuss potential criticisms of the plea bargain system.

Plea-Bargaining has become...

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Plea bargaining. (2011, February 28). Retrieved from http://www.victimsofviolence.on.ca/rev2/index.php?option=com_content&task=view&id=378&Itemid=197

Plea bargaining in canada. (2011). Retrieved from http://www.justice.gc.ca/eng/pi/rs/rep-rap/2002/rr02_5/p3.html

Romaniuk, T. (n.d.). Centre for Constitutional Studies - R. v. Askov.Faculty of Law Home - University of Alberta. Retrieved April 19, 2012, from http://www.law.ualberta.ca/centres/ccs/rulings/Ask

Tappscott. (2012). street directory. Retrieved from http://www.streetdirectory.com/travel_guide/14026/legal_matters/plea_bargaining_pros_and_cons.html

Young, R. (2011, November 16). Cutbacks have some courts dismissing criminal cases. Here & Noe. Retrieved April 19, 2012, from http://www.hereandnow.wbur.org/2011/11/16/budget-cuts-court

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