Plea Negotiations

Question 1

what is a plea negotiation

Answer 1

a plea negotiation is when an accused pleads guilty to a lesser charge

Question 2

occurrence

Answer 2

this can only occur when both the accused and the victim agrees

Question 3

sentencing

Answer 3

plea negotiations DO NOT determine sentencing
after taking a plea deal, the accused must still be sentenced by the court where court will be informed of the charges the accused has pled guilty to, and will decide on sentencing

Question 4

purposes

Answer 4

• ensures the certainty of the outcome of a case
• saves time, costs, and resources
• achieves a resolution without stress, trauma and inconvenience (witnesses do not have to give evidence)

Question 5

appropriateness

Answer 5

plea negotiations may ONLY occur if they are in the public interest

Question 6

factors to consider

Answer 6

• whether the accused is willing to cooperate
• the strength of evidence
• whether the accused is willing to plead guilty
• whether the accused is represented (courts will be less willing to negotiate with someone self-represented)
• time and expenses
• views of the victims
• availability to give evidence

Question 7

strengths

Answer 7

• helps with prompt determination of cases
• victims and witnesses are saved trauma and stress
• prosecutor may consult with victims and take views into account
• provides benefits to the community by saving on time and cost
• provides certainty of outcomes for the parties

Question 8

weaknesses

Answer 8

• negotiations do not need to be disclosed (fairness - open processes)
• negotiation can be seen as the prosecutor avoiding proving the case ‘beyond reasonable doubt’ which upholds the presumption of innocence
• victims do not have final say whether negotiations take place
• may fail in resulting in a plea deal which means a waste of time and money
• self-represented parties may feel pressured into taking a plea deal