Pleas and Charge Negotiation

Question 1

what is a plea

Answer 1

the accused’s formal statement of guilt or innocence (their stance on their guilt)

guilty plea: the case will be dealt with quickly, as there is no question about the defendant’s guilt. Therefore, sentencing is the only thing to take place as a guilty plea results in immediate sentencing

no guilty plea: the guilt is not assured, and the case must go to trial to determine. Evidence and witnesses will be needed

no plea: taken to mean ‘not guilty’. The case will be heard in court

Question 2

what is charge/ plea negotiation

Answer 2

an agreement between the DPP (prosecution) and the defence that is a negotiation of charges, it is used to get the accused to plead guilty to an offence for a lesser charge or other conditions

Question 3

what are arguments for an against accepting plea bargaining

Answer 3

for
- speeds up the criminal process by reducing administrative burdens
- lesser costs and results in a simpler trial
- reduces the penalty for the offender
- can spare alleged victims the trauma of having to testify

against
- crimes may go unpunished or the admitted crime may be insufficiently punished
- an accused may plead to a crime of which they are innocent
- it may lead to bullying or manipulation of the accused to forfeit their right to a trial