DEVELOPMENT OF PLEA BARGAINING IN THE ADMINISTRATION ...

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NIALS Journal of Law and Development
There is something puzzling about the polarity of
contemporary reactions to this practice. Most legal scholars
oppose plea bargaining, finding it both inefficient and
unjust. 2 Nevertheless, most participants in the plea bargaining
process find the practice as a panacea in the administration of
criminal justice. In an epoch where the practice of plea
bargain has come under opprobrium, especially in relation to
the anti-corruption fight, it is only apt to engage in an
exercise of self-flagellation and make a few
recommendations for that will impact on criminal justice
administration. 3
The Concept of Plea Bargaining
Practitioners and Scholars are not agreed on the exact
meaning of plea bargaining. Like the proverbial elephant that
was subject of description by various blind men, plea
bargaining can be described in diverse ways depending on
the perception of each practitioner or scholar. There is no
doubt that the practice of plea bargain is rooted in common
law, from the Medieval English Common Law court of guilty
pardons to accomplices in felony cases. In modern times
however, the significance it has acquired and the popularity it
has gained can be traced to the United States of America. 4
No standard definition of plea-bargaining exists among
practitioners. The definition of “plea bargaining” varies
depending on the jurisdiction and on the context of its use. 5
However, to understand the core problems of plea
bargaining, it is quite necessary that we must first settle on
2. Ibid. See footnote 4 where the learned authors said the most influential
(and prolific) critics are Albert Alschuler and Stephen Schulhofer, both
Professors at the University of Chicago.
3. Alubo A.O.: “Plea Bargain and the Anti-Corruption Crusade in Nigeria”,
University of Jos Law Journal, Vol. 8, No 2, September, 2009 at p. 1.
4. See generally Olin, D. “Plea Bargain”
available@http://www.truthinjustice.org accessed on August 12, 2010.
5. See Miller, H.S.: et. al, “Plea Bargaining in the United States” at 1-15.