PLEA BARGAINING DIRECTIONS FOR CANADIAN REFORM

Authors

  • GERALD A FERGUSON
  • DARRELL W ROBERTS

Abstract

In the area of criminal procedure, most reform attention is given to trial related issues, despite the fact that over seventy percent of accused persons plead guilty and never reach that point. The purpose of this article is to describe the advantages, disadvantages and other important aspects of plea bargaining, beginning with a description of its evolution from a “dirty little secret” to a “fundamental fact” of the criminal justice system. The authors review the diverse nature and form of possible plea bargains, and then divides them into two categories, express and tacit bargains, before categorizing them even further into police, express prosecutorial and judicial plea bargaining. They discusse the advantages and disadvantages to each party involved and concludes with an examination of various reform routes, determining a preference among them.

Keywords:

Criminal Law

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Published

1974-12-01

Issue

Section

Legal Commentary