DP7 Plea negotiations Flashcards
What are the consequences of a plea negotiation?
There is no hearing/trial to determine guilt
- no magistrate or jury to determine guilt
- Accused goes directly to sentencing
(attend plea hearing where sentence decided)
- Accused has reduced sentence
What is a plea negotiation?
Private discussion between an accused and the prosecution, aimed at resolving the case by agreeing on an outcome to criminal charges laid
What are the types of resolutions?
No resolution (go to trial)
Guilty to all charges
Guilty to fewer charges (1 instead of 3)
Lesser charge (manslaughter instead of murder)
When do plea negotiations take place?
Any time between accused charged and to when verdict is handed down
What are the purposes of plea negotiations?
- Enables an earlier resolution to the case, saving stress, trauma and inconvenience of a trial.
- Ensures certainty over the outcome of the case
How do plea negotiations ensure certainty over the case?
If an accused pleads guilty, the risk of an acquittal is removed (innocent verdict)
- charges must adequately reflect accused’s wrongdoing (e.g manslaughter instead of murder)
When are plea negotiations appropriate?
If in public interest to negotiate
Will be a long, expensive trial
If trial will cause suffering for victims (mental trauma) adverse consquences of long trial
If accused is willing to plead guilty.
views of victims
When are plea negotiations inappropriate?
If not in public interest (court needs to denunciate)
Accused not willing to plead guilty
Party is self-represented
What are the strengths of plea neogitations?
Enhances efficency of the justice system (encourages early resolution and saves time and resources of courts)
Spares witnesses trauma and inconvenience
Gives accused certainty over case
What are limitations in plea negotiations?
Occurs in private, public may feel that matters are resolved away from scrutiny and justice has not been served
Victims may want to tell their story
Some accused may feel pressured into guilty plea to save costs of legal representation if their case is not strong (and seeking reduced sentence)
How do plea negotiations enhance fairness?
Victims - able to resolve without trauma of giving evidence in court
How do plea negotiations limit fairness?
Held privately, lack of transparency. Victims may feel it is away from public scruntiy (not open process)
How do plea negotiations limit farness?
Cannot engage without disparity or disadvantage, as accused may be self-represented and thus be pressured to plead guilty
How do plea negotiations enhance access?
provides means to resolve case without need for trial in court
- reduce delays, enable more people to engage with legal system
- saves cost of full trial
