Plea bargaining not shield from accountability-AG cautions
By DL News
Published
1 min read
He cautioned that employing plea bargains solely to recover the proceeds of crime without requiring an admission of guilt from the accused could undermine the core objectives of criminal law.
Attorney General Godfred Yeboah Dame has emphasized the potential advantages of plea bargaining in tackling financial and economic crimes, while also urging caution in its application.
He cautioned that employing plea bargains solely to recover the proceeds of crime without requiring an admission of guilt from the accused could undermine the core objectives of criminal law.
During his address at the 41st International Symposium on Economic Crime, at the University of Cambridge, Mr. Dame discussed the complexities involved in using plea bargaining.
Mr. Dame warned, "Prosecutors risk damaging their reputations and creating the false perception that they have compromised their professional integrity and duty to prove an offense, in exchange for financial gain for the State or protection for the accused from prosecution."
He stressed the necessity of striking a "delicate balance" when implementing plea bargaining to avoid unintended negative outcomes.
According to Dame, plea bargaining should ideally be predicated on a clear acknowledgment of responsibility, especially in cases involving financial and economic crimes that impact public funds.
Nevertheless, he acknowledged that there could be circumstances where a plea deal or Deferred Prosecution Agreement (DPA) might be appropriate even without an admission of guilt.
He explained that such situations might arise when proving the crime is particularly difficult, or when proceeding to trial is not in the public's best interest due to other significant factors.
His comments highlighted the need to balance the pursuit of justice with maintaining the integrity of the legal system, particularly in the global fight against economic crime.
