A possible amendment to the criminal procedure and evidence act, 1939 of the republic of Botswana with regard to plea and sentence agreements in an effort to promote the expeditious and efficient disposition of criminal matters

Abstract

Plea-bargaining and sentencing agreement is a worldwide phenomenon. Most of the jurisdictions more particularly in the so-called developed countries have adopted and incorporated into their criminal justice system the concept of plea-bargaining and sentence agreement. Same has properly been legislated and documented. In the United States for example, more than 80 per cent of the criminal matters are disposed of through plea-bargaining between the prosecution authority and the defendants. This system of disposing of criminal matters through plea-bargaining and sentence agreement has saved states resources and saved courts’ time. Although the system causes the accused to face a dilemma whenever he or she is supposed to make a choice between waiving his or her constitutional right to trial and pleading guilty. The plea-bargaining system has proved itself in many jurisdictions to be very efficient particularly in completing criminal cases without inordinate delays