Plea Negotitations Flashcards
1
Q
What are plea negotiations?
A
- Discussions between the prosecutor and the accused about charges against the accused.
- For summary and indictable offenses
- They can result in an agreement about charges the accused will plead guilty to.
- The views of victims should be considered when they take place.
2
Q
What are the agreements that may come as a result of plea negotiations?
A
- The accused will plead guilty to fewer charges, with the remaining charges not proceeding.
- The accused pleads guilty to a lesser charge (a charge for an alternative offense with a lesser max penalty. E.g manslaughter instead of murder)
- The accused must plead guilty in order to avoid trials and have benefits.
3
Q
Do plea negotiations decide a sentence?
A
- Plea negotiations do not decide the sentence
- They only determine the crime the accused will, plead guilty to.
- The court determines the sentence after the accused pleads guilty to a charge.
4
Q
How are plea negotiations appropriate?
A
The prosecution will consider:
- The accused’s willingness to cooperate in the prosecution of any other co offenders.
- The accused’s willingness to negotiate and plead guilty.
- The strength of the prosecutions case and the likelihood of a conviction.
- The degree of stress a full trial may cause.
- The time and expense of a full trial
- The views of the victim.
5
Q
What are the purposes of plea negotiations?
A
- Resolve a criminal case through a guilty pleas to a charge that reflects the crime.
- Prompt resolution to a case, without the inconvenience of a full trial.
- Provides a certain outcome.
- Happens quickly so it benefits everyone involved.