Chapter 5: PLEA BARGAINING
5.1 Introduction
The justice system is the mechanism that upholds the rule of law. Our courts provide a forum to resolve disputes and to test and enforce laws in a fair and rational manner. The courts are an impartial forum, and judges are free to apply the law without regard to the government's wishes or the weight of public opinion. Court decisions are based on what the law says and what the evidence proves; there is no place in the courts for suspicion, bias or favouritism. This is why justice is often symbolized as a blindfolded figure balancing a set of scales, oblivious to anything that could detract from the pur-suit of an outcome that is just and fair.
ADR also happens in the formal court structure wherein negotiation of sentencing takes place. Plea bargaining and meeting …show more content…
They believe that instead of pursuing justice, the parties rely on making a deal and that the details of what happened along with the legal consequences for those actions are less important.
Additionally some attorneys and judges also argue that plea bargaining is unconstitu-tional because it deprives the defendant of his constitutional right to fair trial. If the defendant is coerced or pressured into a plea bargaining agreement, then the whole process of delivering justice has not been done correctly.
There are many factors that determine whether a plea bargaining will be reached in an individual case and whether a plea bargaining is a desirable outcome. Both sides will carefully weigh the strength of their case. The prosecutor may also consider the publici-ty surrounding the case and whether there is public pressure to prosecute that particular defendant to the full extent of the law. The defence will also take into account the se-riousness of the potential
5.1 Introduction
The justice system is the mechanism that upholds the rule of law. Our courts provide a forum to resolve disputes and to test and enforce laws in a fair and rational manner. The courts are an impartial forum, and judges are free to apply the law without regard to the government's wishes or the weight of public opinion. Court decisions are based on what the law says and what the evidence proves; there is no place in the courts for suspicion, bias or favouritism. This is why justice is often symbolized as a blindfolded figure balancing a set of scales, oblivious to anything that could detract from the pur-suit of an outcome that is just and fair.
ADR also happens in the formal court structure wherein negotiation of sentencing takes place. Plea bargaining and meeting …show more content…
They believe that instead of pursuing justice, the parties rely on making a deal and that the details of what happened along with the legal consequences for those actions are less important.
Additionally some attorneys and judges also argue that plea bargaining is unconstitu-tional because it deprives the defendant of his constitutional right to fair trial. If the defendant is coerced or pressured into a plea bargaining agreement, then the whole process of delivering justice has not been done correctly.
There are many factors that determine whether a plea bargaining will be reached in an individual case and whether a plea bargaining is a desirable outcome. Both sides will carefully weigh the strength of their case. The prosecutor may also consider the publici-ty surrounding the case and whether there is public pressure to prosecute that particular defendant to the full extent of the law. The defence will also take into account the se-riousness of the potential