Plea Bargaining : The Primary Means Of Dispensing Justice

1811 Words8 Pages
Plea bargaining has evolved as the 'primary means of dispensing justice in North America, ' according to The Canadian Encyclopedia. It is a loophole in the Canadian Criminal Justice System, and alleviates burden on those whom are convicted of major crime. Plea bargaining can be defined as “a form of negotiation by which the prosecutor and defense counsel enter into an agreement resolving one or more criminal charges against the defendant without a trial” (Herman, 1997, p. 1). Defendants in criminal cases are more than likely to plead guilty than go to trial. Part of the reason that most of them do is so that they can return for a lesser charge, a lighter sentence, a more comfortable prison, or an agreement to testify against someone else;…show more content…
Plea bargaining should not exist in the Canadian Criminal Justice System, as it is erosive to the primary values and the cherished principles found in the Canadian Charter of Rights and Freedoms To begin with, some critics claim that the process of plea bargaining is unfair to criminally accused defendants, creating a situation in which defense counsel may be tempted to give precedence to his or her own interests rather than to the best interest of the accused. The prosecutors possess too much discretion when selecting the charges that a criminal defendant may face. When a defendant is arrested, the prosecutors have the responsibility to place any charge if they have enough evidence and facts to support a reasonable belief that the defendant has committed the crime. Particularly, this standard is called probable cause, which is section 8 of the Canadian Charter of Rights and Freedoms, and this is a lower standard than ability to prove a charge beyond a reasonable doubt, which is the standard that the prosecution must meet at trial. Therefore, for ease, a prosecutor may lay similar, more serious charges without considering the charges can be proved beyond reasonable doubt at trial. Moreover, for the reason being that the prosecutors are evaluated on the basis of their conviction rates, they might be influenced to try to win at all costs. Some argue
    Open Document