The Obscure Nature of Plea Bargaining in Domestic and Intimate Partner Violence (IPV) Crimes in Uganda: The Accused-Victims’ impugned Right to A Fair Hearing

Dr Nakibuule Gladys Kisekka
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Dr Nakibuule Gladys Kisekka: School of Law, Makerere University, Kampala, Uganda

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 2, 1764-1808

Abstract: The Uganda Plea Bargain Rules [the Rules] allow victims to participate in plea negotiations, which aligns with the international principle of the need to capture the victims’ voices in decision-making.[1] Victim participation can be from two viewpoints: the complainants as victims and the accused as both victims and perpetrators. The paper underscores the latter victims’ concerns, arguing that the accused can also be victims of the same offences they commit, orchestrated by domestic violence, in several ways: as victims of an act(s) of violence from their partners—the primary complainants (or victims) in their charges; or as victims of violence orchestrated by their partners, which cascades to their innocent loved ones—also as primary (or victims) in their charges, but regarding this category, some die or are affected immensely. These accused, as victims, have a high propensity to plea bargain in self-conviction, to come to terms with the reality of their offences, irrespective of guilt, involuntarily, equivocally, when not well-informed, and when their convictions are not fully factual-based; contravening the international standards of a plea bargain. This lapse fundamentally flaws their right to a fair hearing as this paper highlights.

Date: 2024
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