The implication of plea bargaining on the presumption of innocence: case study of the Criminal Division of the High Court Kampala

Abstract

This study examines the impact of plea bargaining on the presumption of innocence in the Ugandan criminal justice system. It shows that the right to the presumption of innocence continues to be eroded through plea bargaining. This was made by analyzing the rules on plea bargaining. The dissertation emphasizes certain acts that are harmful to innocence and emphasize the role of major actors. The study argues that the net effect of plea bargaining in the absence of a presumption of innocence is wrongful convictions. The study explored how other countries, including the United States, the United Kingdom, Germany, Italy and South Africa, balance plea bargaining innovation with the "presumption of innocence." The countries reviewed in this paper have presented several challenges in their practice but also lessons that can be adopted and replicated in the Ugandan criminal justice system. Arguments have shown that limited reductions are an appropriate defence for the defendant. This brings about uniformity. The study also found that active court involvement in plea bargaining leads to protection for defendants. This paper examines whether the practice of plea bargaining in Uganda has a negative or positive impact on the accused's right to be presumed innocent. This gave rise to three questions that guided the research: i) What is the legal basis for plea bargaining in Uganda? ii) What are the constitutional implications of plea bargaining in relation to the presumption of innocence in Uganda? iii) How have other jurisdictions balanced the innovation of plea bargaining with the presumption of innocence? This was achieved by using a doctrinal research methodology: the study analyzed doctrinal data obtained from literature, laws and treaties. The paper is based on the theory that defendant and prosecutor decision-making is based on the probability of outcomes. This theory emphasizes that the plea-bargaining process leaves the defendant with the choice between taking a guaranteed plea bargain or continuing with what is considered a complex trial. The study showed that plea bargaining in Uganda’s criminal justice system has slowly but surely eroded the presumption of innocence. In doing so, it has changed the legal burden of proof beyond a reasonable doubt to a lower standard of proof, shifting the onus from the prosecutor to the accused. The study shows that in the absence of a presumption of innocence, the right to silence is criminalized, and the privilege is not taken into account. Given the way some jurisdictions balance plea bargaining with the presumption of innocence, it is hoped that innocent people will still be protected if lessons learned from the experiences of these jurisdictions are taken into account. This study demonstrates that despite the criticisms surrounding plea bargain it is relevant in this criminal justice system. This study creates an awareness of the plight of the accused person in the practice of Plea bargaining.It proposes changes that could effectively safeguard the right to be presumed innocent in the context of Plea bargaining. It contributes to the push for Uganda’s ability to develop monitoring and evaluation mechanisms that ensure that right of the accused to be presumed innocent.