Plea Negotiations Flashcards
Plea Negotiations
Plea negotiations are pre-trial discussions that take place between the prosecution and the accused, aimed at resolving that case by agreeing upon an outcome to the criminal charges laid. They can take place in relation to indictable or summary offences and usually begin when the accused (or their lawyer) indicates to the prosecution that they are willing to discuss charges. Offers that are made by either party cannot be used against them if negations are not successful. The agreement reached may be that the accused pleads guilty to fewer charges with remaining charges not proceeding or that the accused pleads guilty to a lesser charge. Plea negations can happen at any stage and ultimately do not determine the sentence
Purpose of Plea Negotiations
The fundamental purpose of plea negotiations is to reach an agreement in which will expedite court proceedings. This generally involves the defendant pleading guilty or having no contest to charges in exchange for some kind of concession. Two main purposes include:
- To resolve a criminal case by ensuring a plea of guilty change that adequately reflects the crime committed
- To achieve a prompt resolution to a criminal case without the cost, time, stress, trauma and inconvenience of a criminal trial
Types of concessions that may be granted
- Dismissal of charges
- Reduction in the severity of chargers
- Prosecutor recommendation of a particular sentence
- Other benefit for the defendant
How do plea negotiations uphold the principles of justice?
Most prominently plea negotiations provides access as they may mean a trial is avoided all together freeing up court resources which may relieve case backlogs
