WASHINGTON, D.C., December 25, 2016 – The U.S. State Department has offered to assist the Government of Jamaica’s proposed implementation of plea bargaining into the justice system, as part of moves to reduce case backlogs in the courts. This, according to Justice Minister, Hon. Delroy Chuck, who says the Criminal Justice (Plea Negotiations and Agreement) Act is also to be amended to make it more effective in facilitating the timely delivery of justice.
He made the disclosure during a meeting with Jamaica’s Ambassador to the United States, Her Excellency Audrey Marks, at the Jamaican Embassy in Washington, D.C., following a recent three-day study tour of the justice systems in that city, Maryland and Northern Virginia. Mr. Chuck said the State Department has consented to provide several high level prosecutors and judges who will hold seminars for attorneys attached to the Office of the Director of Public Prosecutions (DPP) as well as judges, among other stakeholders, on how plea bargaining can be effective in making the courts more efficient.
He explained that the legislative amendments will, among other things, enable defence counsel to be a part of the plea-bargaining process and to negotiate with prosecutors and judges regarding sentencing options for their clients. The Act, which was introduced in 2006, and amended in 2010, allows persons accused of crimes to plead guilty and give testimony or information in exchange for a reduced penalty.
Mr. Chuck noted that plea bargaining has been utilized to great effect in many jurisdictions globally, to reduce the caseload of courts. He explained that in addition to encouraging offenders take responsibility for their actions, deemed pivotal to their rehabilitation, plea bargaining spares complainants/victims the discomfort of rehashing traumatic experiences within a trial setting; and saves the State’s resources by avoiding lengthy trials. “If the accused knows that following a trial he can receive a sentence of 10 or 15 years, and he also knows that his defence counsel can bargain with the judge and get five years instead of 10 years, there is a real likelihood that he may accept the plea,” the Minister outlined.
Additionally, Mr. Chuck said where an agreement is brokered, “the matter can be dealt with right away.” He emphasized, however, that whatever the course of action, plea bargaining would be the sole remit of the presiding judge “who must have the final say.” Mr. Chuck assured that the engagement was not intended to “soften” the judicial system but enhance it, noting that sentencing guidelines will be in place to ensure that justice is served. He advised Ambassador Marks that a total overhaul of Jamaica’s courts is being undertaken to bring them up to first-world standard, thereby ensuring the timely delivery of justice.
For her part, Mrs. Marks assured Mr. Chuck that she would engage Jamaican attorneys in the United States with a view to having them partner with the Ministry to assist in familiarizing local stakeholders with the plea-bargaining concept. Mr. Chuck’s visit was aimed at familiarizing him with how the streamlining of court procedures and proceedings can enhance the judicial system. This by decongesting dockets, reducing trial delays, and improving management.
The Minister was accompanied by Permanent Secretary, Carol Palmer; and Building Project Consultant, Vivian Gordon. The team met with various practitioners engaged in matters such as case management systems, court administration, facility management, and video link technology.
