plea negotiation - 3.1.7

Question 1

what is a plea negotiation?

Answer 1

discussions between prosecutor and accused about charges (victims do not have a say in whether negotiations take place)

Question 2

when is a plea agreement be reached?

Answer 2

when the accused:
- plead guilty to few charges
- plead guilty a charge but facts are revised
- plead guilty for a lesser charge

if negotiations don’t work out it can’t be used against accused, plea negotiations don’t determine the sentence only the plea.

Question 3

what is the purpose of a plea negotiation?

Answer 3

• prompt resolution
• ensure certainty of the outcome
• save on time, resources and costs

PES

Question 4

when is a plea negotiation appropriate.

Answer 4

• views of the victims
• willing to cooperate
• adverse consequence
• reluctant to give evidence
• strength of the evidence
• accused is willing to plea guilty
• legally represented
• time and expenses

Veronica WAR SALT

Question 5

what are the strengths of a plea negotiation?

Answer 5

• victims, witnesses saved time and trauma
• saves on resources and expenses (benefit community)
• prompt determination

Question 6

what are the disadvantages of a plea negotiation?

Answer 6

• if agreement is not made, wasye on resources
• presumption of innocence not upheld, not proven beyond reasonable doubt
• victim’s views are not considered