Plea negotiations Flashcards
7hyy7Plea negotiations
A plea negotiation takes place between the prosecution and accused about charges against the accused. An agreement can be reached by the accused pleading guilty.
Some results of a plea negotiations
The accused pleading guilty to fewer charges
The accused pleading guilty to a charge but an agreement is reached about the facts on which the plea is based
The accused pleads guilty to a lesser charge
Appropriateness of plea negotiations
Whether the accused is willing to cooperate in the investigation or prosecution of co-offenders or offenders of other crimes
The strength of evidence including the prosecution’s case and any defenses
Whether the accused is ready and willing to plead guilty
Multiple charges
multiple charges often take place because it provides oppurtinity for the prosecution to substitute a more serious crime for a less serious charge
Who initiates plea negotiations?
The lawyers of the accused and defendant
e.g happens between murder and manslaughter. Often when they prove it was murder but you can get them on manslaughter so they don’t walk free
Does not have any impact on the sentence
that is only decided by the court
Strengths
Prosecution is able to get a conviction
Pre trial and trails are streamlined
Delays are reduced
$ is saved for the tax payer
problems
public can lose faith if major charges are dropped
Negotiations are not public, very hidden
Victim cannot express their views
Criminals are back in society with reduced jail time
