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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


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. This, it would seem, is a pretty direct encouragement to crime". Between 70 to 80 percent of tens of thousands of cases in Toronto's provincial courts each years are settled by plea bargains according to the Star. One case that stands out, is a case if simple harassment to threats causing bodily harm. A man who recently separated from his girlfriend would not take no for an answer. Soon after, the woman would receive phone calls, and threats of harm that would make one a prisoner in their own home. The final decision was through plea bargaining, leaving the man a suspended sentence of 1-year under probation, down from 6-months in jail. 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. Plea negotiation tends generally to undermine public confidence and proper sentences leading to the belief that the criminal justice system's effectiveness in the eyes of the public continues to be diminished by plea-bargaining.

tem that may work and produce justice in some cases, but overuse of the practice and the abuse of it have created great concern among the public and criminal justice officials alike. In addressing these issues of overuse and abuse, the Canadian Sentencing Commission (1988):

"Plea bargaining bears a risk, the extent of which is unknown, that innocent defendants may plead guilty". (President Johnson's Crime Commission, 1967) Plea-bargaining tends to extort guilty pleas from the innocent who may fear worse if they go to trial, and coerces such defendants to waive their rights to such a trial. The few innocent here and there, those the system was originally designed to protect but probably no longer does, are labeled with a criminal conviction and are sure to feel betrayed by the justice system

 take the position that improvement of the process (by making it more visible and making the participants more accountable) is a more rea

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Approximate Word count = 1554
Approximate Pages = 6 (250 words per page double spaced)


  

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