Lecture 6- Prosecution and Plea Bargaining Flashcards
What are the key readings?
Campbell et al, Brown et al, The Code for Crown Prosecutors,
What are the key points from Campbell et al?
The process is about protecting the innocent
Victims of the offence would have to be behind the decision to prosecute
There are economic reasons for not prosecuting
There are issues with evidential sufficiency in practice as the test should be varied
Mental illness should be a factor
There are issues with withdrawing statement due to threats from the abuser
What is the John Report?
A report that focused on possible racial bias in decisions to prosecute
What does paragraph 6.4 of the 2004 code of prosecutors consider?
Evidence available at the time
Likelihood and nature of further evidence being obtained
Reasonableness for believing that evidence will become available
Time to gather evidence
Impact of the evidence
Charges the evidence will support
What does Baldwin say?
Prosecutors share a common value with the police that serious cases should be prosecuted irrespective of considerations of evidence
What are the key points from Brown et al?
Criticisms of plea bargaining to be abolished
Plea bargaining reduced the risk that the defendant walks free
Lower class people are more likely to take the plea bargain due to leniency
Plea bargaining produced fewer errors in the form of acquittals and more in the form of false convictions
What is plea bargaining due to?
Rationality- cutting cost and time
Bureaucracy to make a functional system
Complexity- the complex trial process
What is culpability determined by?
‘suspect’s level of involvement’
‘the extent to which the offending wad premediated and/or planned’
‘the extent to which the suspect has benefitted from criminal conduct’
‘whether the suspect has previous criminal convictions and/or out-of-court disposals and any offending whilst on bail or whilst subject to a court order;’
‘whether the offending was or is likely to be continued, repeated or escalated;’, ‘the suspect’s age and maturity’
If ‘the suspect is under 18 or lacks maturity’, then prosecution will be due to ‘public interest’
What are the conditions of the threshold test?
If there is reasonable grounds to suspect
If further evidence can be obtained
The seriousness of the case and if it justifies the making of a decision
If it is in public interest
What are the main roles in the Code for Crown Prosecutors?
They cannot be swayed by political matters or succumb to pressure from other sources
Ensuring correct appliance of the law
Ensuring human rights are met
Making assessment about charging for the court to understand
To make sure the right person is prosecuted with the right offence
One of the roles is to give guidance to prosecutors on the principles so they can make fair decisions
Reviewing cases from the police
Evaluating the evidential and noticing the weaknesses
What is the purpose of criminal law?
The law applies equally to everyone
The law is not secret or arbitrary
Laws are enforced fairly and
The justice system is fair
What are the crown prosecution service cases that they deal with?
Most cases
What are the HM Revenue and Customs
cases that they deal with?
Tax offences
What are the Customs and Excise
cases that they deal with?
Illegal importation of drugs
What are the Department for Work and Pensions cases that they deal with?
Benefit fraud
What are the serious fraud office cases that they deal with?
High level fraud
What are the Health and Safety Executive cases that they deal with?
Corporate homicide
What are the Private Prosecution cases that they deal with?
Private individuals and organisations
How was the crown prosecution service established?
Established under the Prosecution of Offences Act 1985
