Is plea bargain constitutional in Nigeria?
The above statutory provisions institutionalized the practice of plea bargain in Nigeria and formed the basis of the similar provision in Administration of Criminal Justice Act. The provision allows the defendant to plead guilty to lesser offences than the offences charged and guarantees speedy dispensation of justice.
Why is plea bargaining important?
Plea bargaining is prevalent for practical reasons. Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve. The prosecution saves the time and expense of a lengthy trial. Both sides are spared the uncertainty of going to trial.
How does the government benefit from plea bargaining?
Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.
What are the pros and cons of a plea bargain?
However, they must also be aware of the disadvantages.
- Advantages. Here are a few of the advantages for criminal defendants who accept a plea bargain:
- Lighter Sentence.
- Reduced Charge.
- The Case Is Over.
- Avoiding Problems with Prosecution’s Case.
- No “Not Guilty” Result.
- Possibility of Coercion.
What is plea bargain in Nigeria?
Plea bargaining is one of the procedural tools introduced into the Nigerian Criminal Justice System to ensure quick dispensation of justice, save time and resources that would have been spent on a trial, and solve the problem of prison congestion in the country.
What are the problems with plea bargaining?
Nevertheless, it weakens deterrence and respect for the law and tends to extort guilty pleas, while working to the advantage of prosecutors, defendants, and defense lawyers who want to avoid trials. In addition, it is unnecessary, as shown by the experience of four jurisdictions.
Is a plea bargain good or bad?
Most criminal convictions are the result of a plea bargain. Prosecutors and judges often prefer plea bargains because it reduces the prosecutor’s case load and clears cases off the court docket. However, these are not good reasons for you to accept a plea agreement offered by a prosecutor.
Are plea bargains a good idea?
A lesser charge, lighter sentence, and getting everything over with quickly are some of the benefits of negotiating a plea. For most defendants, the principal benefit to plea bargaining is receiving a lighter sentence for a less severe charge than might result from a conviction at trial.
What are the disadvantages of plea bargaining?
Some disadvantages of plea bargains include:
- The defendant does not have the opportunity to have their case decided by a jury.
- It could lead to convictions of innocent people.
- Judges may not always approve a plea bargain.
- The victim of the crime could feel that the sentence is too light for the defendant.
What are the 3 types of plea bargaining?
– Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.
What would happen without plea bargaining?
Those who are not in favor of plea bargaining argue that defendants are better off without it because each case would then be processed impartially. Prosecutorial budgets would only allow prosecution in those cases where there was strong evidence to convict.
What are some dangers of plea bargaining?
There are important disadvantages to plea bargaining as well:
- Defendants are sometimes pressured into waiving the constitutional right to trial.
- The defendant gives up the right to a potentially vindicating “not guilty” verdict.
- Negotiating a plea bargain might lead to poor case investigation and preparation.
What are three disadvantages of plea bargaining?
What are the criticisms of plea bargaining?
Some critics of plea bargaining argue that the process is unfair to criminal defendants. These critics claim that prosecutors possess too much discretion in choosing the charges that a criminal defendant may face.
Why plea bargaining should be banned?
Nevertheless, it weakens deterrence and respect for the law and tends to extort guilty pleas, while working to the advantage of prosecutors, defendants, and defense lawyers who want to avoid trials.
Why is plea bargain unfair?
Plea bargaining is unfair because defendants forfeit some of their rights, including the right to trial by jury. Plea bargaining allow criminals to defeat justice, thus diminishing the public’s respect for the criminal justice process.
What is wrong with plea bargaining?
The Cons of Plea Bargains
Innocent defendants pleading guilty: The biggest drawback to plea bargaining is that innocent defendants decide to plead guilty to lesser charges to avoid the risk that they will be found guilty at trial. Despite being innocent, these people now have criminal convictions on their records.
Why is plea bargaining unfair?
The process may result in waivers by defendants of their constitutional rights, unequal representation by counsel, the threat of unequal sentencing, and the possibility that guilty pleas will be entered by innocent defendants.