Plea-bargaining in South Africa : current concerns and future prospects (original) (raw)
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An evaluation of the benefit of plea and sentence agreements to an unrepresented accused
2016
Section 105A of the Criminal Procedure Act is unconstitutional with regard to its failure to extend benefits to an unrepresented accused. Unlike a represented accused, an unrepresented accused cannot benefit from section 105A. The only recourse available to him or her is to enter a plea of guilty under section 112 of the Criminal Procedure Act. This plea of guilty does not offer him the benefits under section 105A. This causes the section to operate unfairly against the unrepresented accused based on his/her failure to secure legal representation. This continued operation of section 105A infringes on the rights of an accused by not affording this protection to the accused. This is in terms of a right to equality before the law, freedom from discrimination and what constitutes a justifiable limitation under section 36 of the Constitution. South Africa has ratified or acceded to international and regional treaties which require, inter alia that the right to equality before the law is respected. This requires a model framework to be put in place to ensure that unrepresented accused can benefit from section 105A. An evaluation of the viability of adding the unrepresented accused to the protection under section 105A is done. This is informed by experiences from other jurisdictions, which aid the need for reform.
Plea Bargaining-Challenges for Implementation
2017
Now a day peoples are unhappy with the judiciary. Delay in justice, rate of convection, overcrowded jails and huge pendency are the main reasons of it. From last two-three decades our judiciary always tries to overcome these problems through ADR. Through Lokadalat, Arbitration, Mediation, Conciliation, Fast track courts, Gram Nayalaya, morning and evening courts continuously working to reduce huge pendency. To reduce pendency in criminal courts and to overcome the problem of overcrowded jails, before a decade we accepted concept of ‘plea barging’ from American judiciary. Accordingly separate chapter on plea bargaining is inserted in Code of Criminal Procedure, 1973. The concept of ‘plea bargaining is very popular and successfully working in American courts, but unfortunately Indian scenario is disappointing for this concept.
Benue State University Law Journal, 2019
It is pedestrian to opine that justice delivery in Nigeria in general and Benue State in particular is marred with avoidable delays. The need to improve the effectiveness and efficiency of the judicial system with a view to engendering quick administration of justice has necessitated the enactment of the State Administration of Criminal Justice Law 2019 (the SACJL) by the Benue State House of Assembly. The SACJL, among other things, provides for plea bargain. Spurred by the desire to examine the extent to which the SACJL has enhanced speedy dispensation of justice through plea bargain, this article adopted the doctrinal method of research in which reliance was placed primarily on the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the SACJL as well as judicial authorities. Reliance was also placed on secondary sources of information such as opinions of eminent scholars expressed in books and journals. It was found that though plea bargain is a veritable catalyst for speedy trial, its effective utilization is hamstrung by absence of a provision stipulating timelines within which to conclude the plea bargain process, insufficient legal practitioners in the Ministry of Justice and the legal department of the state police command to prosecute offences, especially as the SACJL now makes the duty of prosecution the exclusive preserve of lawyers, the non-inauguration of the Administration of Criminal Justice Monitoring Committee (the Committee), and so on. It is advocated that the SACJL should be amended to provide 30 days within which to conclude the plea bargain process, more lawyers should, as a matter of urgency, be employed by the State Government and the police authority so as to make the process of plea bargain seamless and that the State Criminal Justice Monitoring Committee should be inaugurated without delay, among others.
Plea Bargain in Nigeria and France: Analysis and Comparison
Plea Bargain in Nigeria and France: Analysis and Comparison , 2024
As an exception to the general conception that criminal issues cannot be settled alternatively, the concept of plea bargaining finds root. However, the springing of the 'root' of this concept; as opposed to what is generally obtainable in the civil side of the coin, is not to totally sidetrack the court in the A-Z step of 'settling [the criminal matter] out of court.' This alternative idea of resolving criminal
QUT Law & Justice Journal, 2003
Caution needs to be exercised when comparing the annual number of cases recorded with the annual number of cases undetected, withdrawn, sent to court, and prosecuted and convicted (also called the 'yearly-review' method). Cases recorded during one year, are often investigated and prosecuted during the following year. For example, the investigation of a complicated murder case reported in December 1999 might be finalised in mid-2000. The prosecution of the case may occur only in 2001. Rates based on the yearly-review method are premised on the assumption that the statistics are stable from year to year and that there is no growth or decline in backlogs. The advantage of the yearly-review method is that it is quick to collect data for an Vol 3 No 2 (QUTLJJ)
Plea Bargaining: A Challenging Issue In The Law And Economics
2015
Plea bargaining is defined as an agreement between the prosecutor and defendant whereby the defendant pleads guilty in exchange for a more lenient sentence. The literature on law and economics has been treating the plea bargaining as a desirable way of accomplishing the maximum prevention with minimum costs for criminal justice system. It is controversial issue for legal scholars who find the plea bargaining a “necessary evil”, demanding its reform or even abolishment. The main aim of the paper is to contribute to a better understanding of the plea bargaining, not only by discussing some of economic reasons affecting both parties when deciding to bargain, but also to provide more in-depth understanding of the wider context in which bargaining is taking place (powerful role of the state attorney, complex relationships between defendants and their attorneys-at-law, eff ects of bargains on third parties, desirable role of the court and the issue of innocence). Particular attention is g...
Law and Economics of Plea-Bargaining
SSRN Electronic Journal, 2000
Although highly criticized by legal scholars, plea-bargaining is probably the most transplanted instrument of criminal procedure. In contrast to most of the legal literature, for the French case (plaider coupable), we are not aware of any empirical assessment. 4 It includes summary procedures for those who do not contest guilt; unconditional and conditional dismissals; confession of guilt to get a reduction in the sentence, warnings and reprimands. 5 Obviously the lack of success depends, in part, of how we define plea-bargaining. If we take a broader definition of plea-bargaining as any form of negotiated sentence that avoids criminal trial, then we might account for half or more of the convictions in many civil law countries.
Obiter, 2020
To this day, apartheid is still regarded as one of the most heinous crimes to have affected humankind. The brutality of the apartheid system and its impact not only left devastating effects in the minds of the black majority who were affected by the system, but also drew international attention. This prompted the United Nations Security Council to pass drastic resolutions to try and end the apartheid system. It is important to highlight that apartheid crime was committed at the behest of the-then National Party government at the expense of the black majority. The attainment of democratic rule in 1994 also saw the emergence of the need for transitional justice. However, after 25 years of foot-dragging, the National Prosecution Authority in South Africa has still not been fully committed to prosecute apartheid atrocities. This article examines the crime of apartheid and the impact of the transitional justice process in South Africa. The article further reflects on the National Prosecution Authority's reluctance to prosecute crimes of apartheid and examines the final report of the People's Tribunal on Economic Crimes in South Africa.