This is a system that is widely used in the United States, particularly in cases involving conspiracy and racketeering. People accused of crimes tell what they know about the actions of others, in exchange for softer sentences. Prosecutors generally find the system useful primarily for two reasons: by making concessions to people lower down the ladder, law-enforcement officials have a better chance of convicting those who bear greater responsibility for the crime; and the plea-bargaining tool makes it easier to break into conspiratorial rings.

Plea-bargaining regime

According to Mr Ellington, similar benefits would flow to the Jamaican police if they had access to a plea-bargaining regime, especially in the fight against criminal gangs, of which he estimated there are about 180.

Gang violence, the authorities claim, is responsible for the bulk of the 1,600 homicides in Jamaica annually, and gangs are engaged in drug trafficking and extortion rackets.

"If we had plea bargaining, we would not need to infiltrate gangs," Mr Ellington told reporters. "All we would need to do is to arrest one and get that gangster on our side."

Mr Ellington, perhaps, missed a step. It would probably be better if, along with plea bargaining, there was legislation to make membership of a gang of itself illegal, rather than having to arrest an alleged gang member for committing a particular crime, or for being engaged in some known conspiracy. Nonetheless, we get Mr Ellington's point.

We also understand his, and the police high Command's irritation that this is not now in their kit of crime-fighting strategies. Four years ago, which was half a decade after the matter was placed on the Jamaican agenda, and following much debate on the issue, the Jamaican parliament actually approved a plea-bargaining law.

However, this law has not, up to now, been promulgated. This failure has spanned two administrations. Neither has offered any explanation for the inertia.

Exaggerated accusations

Maybe it is that there are concerns that plea-bargaining regimes can be abused, enticing informants to make false or exaggerated accusations against accomplices. While there are reported instances of this in America where the system is most used, there is no widespread complaint of abuse.

In any event, a robust legal system with strong adversarial arrangements, as is largely the case in Jamaica, will allow the claims against an accused person to be rigorously tested in a court of law.

If the current administration has second thoughts about its use, it should say so, and why. In the event it feels that there ought to be adjustments, and these are relatively minor, the current act could still be gazetted and the amendments subsequently brought to Parliament.

But the current state of limbo is unacceptable, unless we do not believe the police need all possible tools with which to take on the criminals.

The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.