Negotiated justice agreements: examining the effectiveness of plea bargain in achieving access to justice under the 1995 Constitution

Abstract

The practice of plea bargaining was adopted as one of the avenues to reducing case backlog in the criminal justice system. This practice involves the accused waiving their constitutionally guaranteed and protected rights from which the applicants gets a lesser sentence in return. This process has indeed reduced case backlog, and effectiveness in the judiciary whereas promoting restorative justice, and harmony. However, some scholars argue that the procedure is hampered with some loopholes, unequal bargaining power, irregularities, and other factors that affect effective administration of justice because it significantly affects the choice and rights of the applicants undertaking a plea bargain. This research examines the practice of plea bargain as a method of Alternative Dispute Resolution in the Criminal Justice System, and assess its effectiveness in achieving justice under the 1995 constitution of the Republic of Uganda. The study finds that inefficiencies in access to justice force some accused person to undertake plea bargaining though the same process is credited for promoting conciliation and harmony due to its involvement of the victims in the process. The study finds that plea bargain process should be streamlined to ensure that restorative justice is fully encouraged, reconciliation, and social harmony is encouraged between and among parties. It also emphasizes that concerned parties should also ensure that an individuals’ rights are not traded for freedom because of deficiencies in the criminal justice system. Lastly, it recommends for an establishment of an externship program under Clinical Legal Education or as a pre-enrolment criminal justice service requirement for students after their legal practice to assist in offering pro bono services in plea bargaining camps. This mandatory externship programme generates a rotating cohort of supervised legal practitioners in criminal courts at relatively low institutional cost.