Plea Bargaining in Canada: Justice Expedited or Justice Denied? Persuasive Essay by scribbler

Plea Bargaining in Canada: Justice Expedited or Justice Denied?
An examination of plea bargaining in Canada and whether it helps or hinders justice.
# 152647 | 1,250 words | 5 sources | APA | 2013 | US


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Description:

The paper explains the motivations and goals of plea bargaining and discusses the three categories of plea bargaining the Crown may offer the accused in Canada. The paper looks at the response of Canadian judges to plea bargaining but notes that the courts have the final jurisdiction regarding the acceptance of a plea bargain. The paper also looks at the role of victims in the plea bargaining process and describes how many victims rights groups claim that plea bargaining shuts them out of the legal process. In conclusion, the paper examines and summarizes the research evidence to date on the practice of plea bargaining in Canada and points out that while it is easy to focus upon particularly negative examples of plea deals, justice would even be more unwieldy and lengthy without the option of plea bargaining. According to this author, the philosophy guiding all plea bargaining should be to facilitate justice and never to merely make justice more convenient.

Outline:
Introduction: What is Plea Bargaining?
Three Categories of Plea Bargaining the Crown may Offer the Accused
Response of Canadian Judges to Plea Bargaining
The Role of Victims in the Plea Bargaining Process
Conclusion

From the Paper:

"Plea bargaining usually takes one of three basic forms in Canada. In one common example, the accused person, who is charged with several offences, will plead guilty to one or several of the lesser charges, in exchange for the others being withdrawn. In another example, the accused may plead guilty, so the state does not have the expense or inconvenience of a trial (and the victim does not have the financial or emotional hardship of testifying), in exchange for a lesser sentence than he or she might likely receive if found guilty. "As well, the Crown and the accused often negotiate over the facts upon which a guilty plea will be entered" (Pringle, 2010). For example, "in some cases, the Crown will agree not to allege an aggravating fact, which is nonessential to the admission of guilt, in return for the accused agreeing to plead guilty. For example, the accused might agree to plead guilty to the robbery of a bank if the Crown accepts the accused person's version that while committing the robbery the handgun he was carrying was unloaded rather than loaded. Obviously, a concession of this nature by the Crown does not affect the validity of the guilty plea but could result in a lesser sentence" before a judge (Pringle, 2010). The Crown may also exercise its jurisdiction in so-called hybrid or indeterminate offenses as to if will prosecute an offense as a misdemeanor or a felony (the latter are always subject to jury trials) and thus affect the defendant's decision to negotiate a plea bargain (Pringle 2010)."

Sample of Sources Used:

  • Griffiths, Curt T. (2007). Canadian criminal justice: A primer. Nelson Education Ltd.
  • Montaldo, C. (2010). Karla Homolka. About.com. Retrieved July 18, 2010 athttp://crime.about.com/od/murder/p/homolka.htm
  • Plea bargaining. (2008). Victims of Violence (VOV). Retrieved July 18, 2010 athttp://www.victimsofviolence.on.ca/rev2/index.php?option=com_content&task=view&id=378&Itemid=197
  • Pringle, T. (2010). Plea bargaining. The Canadian Encyclopedia. Retrieved July 18, 2010 athttp://www.canadianencyclopedia.ca/index.cfm?PgNm=TCE&Params=A1ARTA0006344
  • Verdun-Jones, Simon. (2007). Plea bargaining. Roberts, Julia & Michele GrossmanCriminal justice in Canada: A Reader. Nelson Education Ltd.

Cite this Persuasive Essay:

APA Format

Plea Bargaining in Canada: Justice Expedited or Justice Denied? (2013, April 09) Retrieved September 22, 2019, from https://www.academon.com/persuasive-essay/plea-bargaining-in-canada-justice-expedited-or-justice-denied-152647/

MLA Format

"Plea Bargaining in Canada: Justice Expedited or Justice Denied?" 09 April 2013. Web. 22 September. 2019. <https://www.academon.com/persuasive-essay/plea-bargaining-in-canada-justice-expedited-or-justice-denied-152647/>

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