Section 52 of the Canadian Constitution act of 1982 states and I quote, "The Constitution of Canada is the supreme law of Canada. Any law or practice that is inconsistent with the provisions of the Constitution is of no force or effect.".
Great day everyone, welcome to this much-anticipated debate. First and foremost I would explain P.B and how does it work. Plea bargaining is a practice that makes an accused choose between immediate freedom in return for a guilty plea or a terrible incarceration in return for a person's perseverance to prove his innocence through a trial. .
QUOTE ONLY IF CHALLENGED.
Plea bargaining as explained by the Canadian Law legal dictionary p.353, "For an accused person to plead guilty, or to give any material testimony for concessions from the prosecutor such as a lesser sentence, or dismissal of the other charges.".
In this debate, we will be arguing that we should eliminate plea bargaining from the Canadian justice system. .
OUR THESIS IS: The practice of plea bargaining is a sacrilege to justice, therefore it should be eliminated from our Criminal Justice system. .
In my part of the speech, I will be expounding 3 main points from the Canadian Constitution namely: The Principle of Fundamental Justice, presumption of innocence and the due process of law. I will show to everyone here in this room how P.B. defies the Const. of Canada. On the other hand, my partner will discuss in his speech on how the practice of plea bargaining undermines justice, therefore it has no part in a fair justice system. .
Plea Bargaining is Unconstitutional.
Principles of Fundamental Justice.
1. Rules of Law.
The first principle of fundamental justice is the concept that no one is above the law. The law governs the nation, not a person. Plea bargaining gives prosecutors the power and authority so high above the law, that is often abused. In every legal setting, who should decide whether an accused is guilty for an offence or not? Isn't it the judge? But bcoz of P.