L12 - Plea Negotiations

Question 1

What is a plea negotiation?

Answer 1

• A private discussion or communication that occurs within the criminal justice system, between the prosecution and the accused, so that the accused can consider pleading to lesser or fewer charges. It also means the prosecution may avoid trial

Question 2

When can plea negotiations occur?

Answer 2

• They can occur for either summary or indictable offences, and can occur at any stage up until the jury decides their verdict

Question 3

Who is involved in plea negotiations?

Answer 3

• The prosecution
• The accused (usually with their legal representative)

Question 4

Fewer charges

Answer 4

• This refers to the number of charges

Question 5

Lesser charges

Answer 5

• This refers to the degree or seriousness of charges

Question 6

Purposes of PN

Answer 6

• Saves the courts costs, time and resources
• Provide certainty of the outcome
• Avoids further trauma, stress and inconvenience on victims, witnesses and families

Question 7

PN appropriate when?

Answer 7

• The accused is willing to engage
• The strength and evidence of the prosecution’s case is not strong
• Witnesses in the case are reluctant or unwilling to give evidence
• Witnesses and or victims will experience adverse consequences if a full trial commences
• The victim supports the prosecution’s actions to a plea negotiation as they do not want to participate
• The time and expense involved having a full trial in court is not worth it

Question 8

PN not appropriate when?

Answer 8

• The accused is not willing to engage
• The prosecutions case is very strong
• Witnesses are willing to give strong, clear evidence
• The case is able to be discussed or minor
• The victim wants to go to trial so they can see the accused brought to justice
• If the offence is indictable or serious and therefore a plea negotiation wouldn’t lead to justice, since it will reduce the severity of the sanction

Question 9

3 strengths of PN

Answer 9

• Helps with the prompt determination of criminal cases
• Play negotiations provide substantial benefits to the community by saving the cost of a full trial or hearing, especially assisting the resources of the prosecution and the court
• Certainty of outcome is guaranteed

Question 10

3 weaknesses of PN

Answer 10

• There’s a lack of transparency which can lead to dissatisfaction if the accused is not brought to justice appropriately
• Could be seen as the prosecutor avoiding the need to prove the case beyond reasonable doubt, which is a fundamental principle of the justice system
• Victims do not have a final say, and therefore the prosecutor can either go ahead or refuse to go ahead with the plea negotiation