Plea Bargaining Should Be Legal - 1587 Words

Introduction In Canadian courts, plea bargaining can be found to be a major aspect of the system, in addition, to perhaps even being a vital aspect of the courts. Nevertheless, the mere existence of plea bargaining has been long debated in criminal law across the world, thus, the objective of this essay will be to depict whether plea bargaining should be continued to be allowed to exist, or if plea bargaining should be abolished entirely. To accomplish the task at hand; I shall firstly, define plea bargaining and the types that exist with it, secondly, I will depict the benefits of plea bargaining that have been identified by criminology scholars. Thirdly, I will exemplify certain drawbacks of plea bargaining, and finally, I will proceed†¦show more content†¦Moreover, plea bargaining is also found in the Canadian Charter of Rights and Freedoms, as section 10(b) of the Charter specifies plea bargaining as an essential aspect of the discretionary powers of prosecutors in crimi nal cases (Goff, 2014, pg. 261). Benefits In all, plea bargaining serves various functions; nonetheless, the main purpose of plea bargaining is to improve â€Å"the administrative efficiency of the courts† (Wheatley 1974 in Goff, 2014, pg. 261). For instance, with plea bargaining, the courts can quickly garner a plea of guilty, and thus, a sentence can be provided for the accused, rather than attempt to prove the guilt or innocence of the accused beyond a reasonable doubt. In addition, Ken Chasse (2011) identifies other advantages of plea bargaining such as cost-saving, no consequences for violating the law and constitutional rights by the courts since the matters of plea bargaining are not reviewable (pg. 1). Furthermore, the â€Å"sentence can be known beforehand†¦ [, and thus,] victims can be consulted more precisely about the outcome before sentence is imposed†, disclosure and discovery will not be known, â€Å"no trial errors† or reversals of the outcome by appeal courts, and both sides can al so claim victory (Chasse, 2011, pg. 1). Drawbacks On the other hand, plea bargaining has also been the subject ofShow MoreRelatedGood, Bad And Ugly Of Plea Bargaining849 Words   |  4 PagesGood, Bad and Ugly of Plea Bargaining More than 90 percent of criminal convictions come from negotiated pleas, also known as, plea bargaining. Plea bargains are used every day at both the federal and state court level. They certainly have their â€Å"proponents† as well as their â€Å"opponents†. A plea bargain basically is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutorRead MorePlea Bargain1613 Words   |  7 Pagesyears plea bargaining has become the way for the Administration of Justice in America and Canada’s criminal trials. Accused criminals are giving up the rights to a fair trial, to indeed plead guilty, in order to receive a much lesser charge, more comfortable prison, or even to agree to testify against someone else. 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The defendant either agrees to plead guilty or no contest to a crime. Another element for plea bargaining would also be because the defendant reveals information such as location of stolen goods, names of others participating in the crime or admission of other crime(s), such