Plea bargaining : a comparative study

Abstract

"We cannot hold that it is unconstitutional for the State to extend a benefit to a de/endant who in tum extends a substantial benefit to the State and who demonstrates by his plea that he is ready and willing to admit his crime and to enter the correctional system in a frame of mind that affords hope for success in rehabilitation over a shorter period of time than might otherwise be necessary". The above was stated by the Hon. Mr. Justice White in the United States Supreme Court in the case Brady vs. US, US Supreme Court, 4th May 1970 and encapsulates the raison d'etre of plea bargaining. These observations and considerations, made in 1970, have been repeatedly stated and acknowledged by various other legal authorities. Naturally, these same views have been harshly criticised by other equally eminent jurists. The scope of this thesis is to analyse plea bargains due to their increasing popularity as a method of resolving criminal trials. Plea bargaining is a reality that has to be evaluated in order to establish its compatibility with modern day criminal trials. The ultimate aim is to identify the principles, rights and safeguards that need to be respected to render the incorporation of plea bargaining compatible with the existing standards within a modern day legal system. This thesis is divided into three main parts, the initial part will familiarise the reader with the institute of plea bargain, the second part will review the manner in which certain foreign jurisdictions have incorporated plea bargaining in their judicial systems, and the final part contains the personal arguments and views of the author in respect of plea bargains in relation to certain fundamental rights together with an appraisal of the plea bargaining measures recently introduced to the Maltese Criminal Code. The author will initially examine the institute of plea bargaining and analyse the different types of plea bargaining. There will be a historical review of the institute, together with an analysis of the issues that have altered the manner in which plea bargains have integrated into the modern legal system. An assessment of the advantages and disadvantages of plea bargains will be undertaken, and will include an evaluation of the criticism levelled at plea bargains. An assessment of the manner in which certain foreign jurisdictions have introduced and developed plea bargains will follow. The examination of foreign ·jurisprudence is being made specifically to trace the development of this practice over the years. This part will consider various constitutional issues that seem to be at odds with the institute of plea bargaining and the manner in which such obstacles were overcome. On the basis of the first two parts of this thesis, the author will then present his views with regards to the alleged conflicts between the institute of plea bargaining and the right to a fair trial. Finally the author will make his own assessment to the provisions introducing plea bargaining measures to the Maltese Criminal Code.