Bargaining for Expedience: The Overuse of Joint Recommendations on Sentence

Abstract

t is often stated that plea bargaining is an indispensable part of a fair and efficient criminal justice system. By observing sentencing hearings in the Provincial Court of Manitoba, this article shows that some form of plea bargaining is involved in a substantial majority of cases, that most joint recommendations on sentence are accepted by presiding judges, and that most of these joint recommendations are not "true plea bargains" in the sense of a quid pro quo being offered. It is argued that the vast majority of joint recommendations are born of cultural expedience rather than as a result of true plea bargains. These cultural joint recommendations encroach significantly on the judicial function and may erode public confidence in the administration of justice. The continued proliferation of cultural joint recommendations may further entrench a culture of expedience in our criminal justice system and could potentially lead to higher sentences. * David Ireland (B.A. (Hons.) (Ebor), LL.B., LL.M.