4.4 Plea Negotiations

Question 1

Civil Dispute

Answer 1

a disagreement between two or more individuals (or groups) in which one of the individuals (or groups) makes a legal claim against the other

Question 2

Plea Negotiations

Oxford Def.

Answer 2

(in criminal cases), pre-trail discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid (also known as charge negotiations).

Question 3

Plea Negotiations

SOK

Answer 3

Private negotiation between the accused and the prosecution that may take place at any time between the time when the accused is charged and the verdict in the trial. A plea negotiation may involve discussion about the appropriate charges against the accused, the reliability and relevance of any evidence in the case, and the likely sentencing consequences if the accused pleads guilty to any or all charges.

Question 4

Sanction

Answer 4

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence.

Question 5

Guilty Plea

Answer 5

when an offender formally admits guilt, which is then considered by the court when sentencing.

Question 6

Self-Represented Party

Answer 6

a person before a court or tribunal who has not engaged (and is not represented by) a lawyer or other professional

Question 7

Beyond Reasonable Doubt

Answer 7

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence.

Question 8

Presumption of Innoccence

Answer 8

the right of a person accused of a crime to be presumed not guilty unless proven otherwise.

Question 9

What happens in a Plea Negotiation?

Answer 9

• Accused pleads guilty to fewer/lesser charge
• Usually through writing
• Determine Culpability
• Can be done until Jury gives verdict

Question 10

What are the purposes of plea negotiations?

Answer 10

• Ensures certainty of outcome, removes risk of acquittal - but charges must reflect crime
• Saves on costs, time + resources
• prompt resolution with the stress/trauma/inconvenience of trial
• reduced sentence

Question 11

What factors relate to the appropriateness of plea negotiations

Answer 11

• Willingness of accused to cooperate in investigations on other criminals
• strenght of evidence, case + defence
• willingness of accused to plead guilty
• whether the accused is self-represented
• whether the witnesess are unable/reluctant to give evidence
• adverse consequences of a full trial
• view of victim (not imp.)
• best interest of the accused

Question 12

Strengths of Plea negotiations

Answer 12

• help with prompt determination of case
• victims, witnesses, family are saved trauma/inconvenience
• victim’s views are considered
• substantial benefit to community - no court trial (resources)
• certainty of outcome

Question 14

Weaknesses of Plea Negotiations

Answer 14

• are held without prejudice - questioning the agreement + reasoning
• avoids the need to prove beyond reasonable doubt - presumption of innocence + standard of proof
• victims do not have final say
• self-represented accused may feel pressured into accepting - though there are safeguards
• failure of parties engaging a plea negotiation early to save more resources