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.
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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.
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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.
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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.
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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.
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