Plea Negotiations Flashcards
What are Plea Negotiations
plea negotiations are pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the given criminal charges.
Purposes of Plea Negotiations
⁃ to ensure certainty of the outcome of the criminal case. —> the accused may plead guilty which ensures certainty of the outcome.
⁃ save costs, time and resources. —> plea negotiations may result in an early guilty plea which results in a trial or hearing being avoided, saving the court and prosecution their resources.
⁃ to achieve a prompt resolution to a criminal case without the stress, trauma and inconvenience of a criminal trial. —> an early resolution relives victims and witnesses of the burden and trauma of having to give evidence, which may help victims move on from what happened.
Appropriateness of Plea Negotiations
⁃ whether the accused is willing to cooperate in the investigation.
⁃ the strength of the evidence on both sides.
⁃ whether the accused is willing to plead guilty.
⁃ whether the witnesses are reluctant or unable to give evidence. —> jeopardising the prosecution’s ability to achieve a guilty verdict.
⁃ the possible negative consequences of a full trial. —> stress and inconvenience.
⁃ the time and expenses involved in a trial.
Strengths of Plea Negotiations
⁃ negotiations assist with the prompt determination of criminal cases, because they avoid a hearing or trial.
⁃ victims, witnesses, families and the families of the accused are saved, inconvenience and stress.
⁃ the prosecutor will consult with victims and may take their views into consideration when deciding if a plea negotiation is necessary.
⁃ plea negotiations provide substantial benefits to the community, and in particular the court and prosecution. —> time and resources of a trial and hearing
⁃ plea negotiations ensure certainty of the outcome for both parties.
Weaknesses of Plea Negotiations
⁃ negotiations do not need to be disclosed and can be held privately.
⁃ the negotiation can be seen as the prosecutor avoiding the need to prove the case beyond reasonable doubt.
⁃ victims do not have a final say on if the prosecution negotiates with the accused. —> their views can be considered at most.
⁃ a self-represented party may feel pressured into accepting the deal even if there is lacking evidence.
⁃ there may be a failure from one or more parties to engage early in the case to try and resolve the charge
