Criminal Prosecution - Plea Bargaining



Criminal Prosecution - Plea Bargaining

Introduction

The administration of criminal justice is witnessing a lot of changes worldwide. One of such changes is the increased use of plea bargain for the disposal of criminal matters. In Nigeria, many criminal prosecution, especially corruption-related cases, are concluded without recourse to full-blown trials (Luna, 2007). Thus the plea bargain concept has attracted lots of criticisms. Some legal scholars, eminent Nigerians and most common people have opposed plea bargain on the basis that it is considered unjust and an exclusive preserve for protecting the corrupt rich. Naturally, there are fractions of the aforementioned groups, especially beneficiaries and active participants in plea bargain processes, who find it as a useful tool for infusing efficiency into the administration of criminal justice process.

The many shades and suspicions surrounding the usage of the concept, especially as it relates to corruption cases in Nigeria, have raised interesting puzzles as to whether the concept is best for our criminal justice system or whether it amounts to a subversion of same. Thus, the focus of this article is to critically analyze the plea bargain innovation while offering some lines of argument in its defense, if appropriately and judiciously employed (Vanover, 1998).

Discussion

There is no standard definition of plea bargain. Its definition varies depending on the jurisdiction and the context in which it is being used. For present purposes, we adopt the definition as contained in the Black's Law Dictionary- an often definitive legal resource for legal practitioners. The 8th Edition of the said dictionary defines plea bargain as:

“A negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offence or to one of multiple charges in exchange for some concession by the prosecutor, usually a more lenient sentence or a dismissal of the other charges. Also termed plea agreement; negotiated; sentence bargain.”

The implication of the above definition is to the effect that the burden on the prosecution to prove the guilt of the accused person is lifted and the accused, in exchange for that, receives a lighter punishment or sentence than what he ordinarily would have received if a guilty verdict was returned after a full blown trial (Garner, 2000). Although this has raised the question as to whether this amounts to a breach of the statutory duty that places the burden of proving the guilt of the accused beyond reasonable doubt on the prosecution. It is also important to note that from the above definition, the whole concept of plea bargain does not only apply to just a particular offence, but all classes of offences. In other words, the prosecutor and the accused can negotiate in relation to various offences, depending on the allegations brought against the accused.

There are two types of plea bargain - Charge bargain and Sentence bargain

A charge bargain is bargaining for a form of reduction in either the number or severity of criminal charges. In this case, the accused must have pleaded guilty to one or more charges ...