How common is plea bargaining in Canada?

In Canada, it appears that about 90% of criminal cases are resolved through the acceptance of guilty pleas: many of these pleas are the direct outcome of successful plea negotiations between Crown and defence counsel.

What percentage of cases are decided through plea bargaining?

While there are no exact estimates of the proportion of cases that are resolved through plea bargaining, scholars estimate that about 90 to 95 percent of both federal and state court cases are resolved through this process (Bureau of Justice Statistics, 2005; Flanagan and Maguire, 1990).

Is there plea bargaining in Canada?

The Law Reform Commission of Canada defines a plea deal, or plea bargain, as “an agreement by the accused to plead guilty in return for the prosecutor’s agreeing to take or refrain from taking a particular course of action.”

What is the frequency of plea bargaining?

Plea bargaining in the United States is very common; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. They have also been increasing in frequency—they rose from 84% of federal cases in 1984 to 94% by 2001.

Why would an innocent person take a plea bargain?

The reason a prosecutor may engage in a plea bargain even when the prosecutor believes the defendant is guilty is that they cannot go to trial on every case. Likewise, even a totally innocent defendant, may want to plea bargain because you never know what will happen in a trial. If you get a good jury, you may win.

Why is plea bargaining used in Canada?

Plea bargaining has essentially 2 main purposes. The first is to increase certainty. The Criminal Code generally allows judges, for most crimes, a wide discretion concerning the imposition of sentences. Consequently, it is often difficult for the Crown or the defence to assess exactly what sentence will be imposed.

What are the pros and cons of plea bargaining?

A successfully negotiated plea bargain will:

Clear up the uncertainty in your case.
Avoid publicity.
Possibly result in fewer (or less serious) offenses on your record.
Lessen the judge and prosecutor’s case load.
Result in a less socially offensive charge on your record.
Possibly get you out of jail.

Is plea bargaining still relevant in Canada?

For many years, plea bargaining has been one of the most controversial – and, perhaps, least understood – practices in the Canadian criminal justice system (Griffiths & Verdun–Jones, 1994, p. 317).

What percentage of cases are decided by plea bargaining?

At least 90% of criminal cases in the United States are decided on the basis of guilty pleas, most of which are the outcome of a plea bargain. However, the distinctive characteristic of plea bargaining in the United States rests in the fact that it is subject to overt judicial regulation.

Why does the Crown use plea bargaining in court?

One of the major motivations causing the Crown to become involved in plea bargaining is its desire to save civilian witnesses the inconvenience and, in some cases (especially for victims), the trauma of having to testify at a criminal trial.

Can rule 11 and Arizona plea bargaining be combined in Canada?

It is suggested that a viable model for the participation of victims in the plea bargaining process in Canada may be forged by combining elements of both Federal Rule 11 and the Arizona statute.