Plea Negotiations

Question 1

What are plea negotiations?

Answer 1

Informal discussions between the prosecution and accused, aimed at resolving the case by agreeing on a lesser plea to ensure a guilty plea. Accused is given an incentive

Question 2

What are the purposes of plea negotations?

Answer 2

• To resolve the criminal trial by ensuring a guilty plea to a charge that adequately reflects the crime committed
• Prompt resolution to a case without the cost, time, stress and trauma.

Question 3

What do plea negotiations depend on?

Answer 3

• Whether the accused is willing to cooperate
• Strength of prosecution’s case
• Are the witnesses able to give evidence
• Views of the victim

Question 4

How do plea negotiations uphold fairness?

Answer 4

• Delays are minimised which frees up resources for other cases
• Reduces backlogs and stress on accused and witnesses/victims

Question 5

How do plea negotations limit fairness?

Answer 5

• Outcome may not reflect the crime. Community may feel the accused has been let off with lesser charges
• Not conducted in public, doesn’t allow scrutiny
• Accused can refuse to enter plea negotiation even after negotiating.

Question 6

How do plea negotiations uphold equality?

Answer 6

Personal characteristics of accused is irrelevant, as negotiations do not consider income, gender, personal history

Question 7

How do plea negotiations limit equality?

Answer 7

Is not available to all accused. Prosecution must agree to plea negotiation

Question 8

How do plea negotations uphold access?

Answer 8

• Save time and resources as cases can be resolved before trial, thus minimising delays
• Makes the process easier for the victims as they avoid going through trial