The purpose and appropriateness of plea negotiations

Question 1

What are plea negotiations

Answer 1

Plea negotiations are pre-trial discussions between the prosecution and the accused which is aimed at resolving the case by agreeing on an outcome to the criminal charges laid.

Question 2

What are the purposes of plea negotiations

Answer 2

To ensure certainty of the outcome of a criminal case.

To save on cost, time and resources.

To achieve a prompt resolution to a criminal case without the stress, trauma and inconvenience of a criminal trial (or hearing).

Question 3

Factors taken into consideration for plea negotiations

Answer 3

• Whether the accused is willing to cooperate in the investigation
• The strength of evidence, including the strength of the prosecution’s case and of any defences
• Whether the accused is willing to plead guilty
• Whether the accused is represented. The prosecution may not want to negotiate with a self represented party due to their lack of understanding of the legal system
• Whether the witnesses are reluctant to give evidence or unable to, which would weaken the strength of evidence that the prosecution has and the ability to gain a guilty verdict
• The possible negative consequences of a full trial, including the stress and inconvenience on victims and witnesses who need to give evidence
• The time and expense involved in a trial, particularly the costs of running the case
• In addition the accused and their legal reps may need to consider the impacts of negotiation with the prosecution

Question 4

Strengths of plea negotiations

Answer 4

• Negotiations with prompt determination of criminal cases as it avoids a full trial

-Victims and witnesses don’t need to go through the stress and trauma of giving evidence in-front of the court against the accused.

-Plea negotiations save time, money and resources of the prosecution and the court.

Question 5

Weaknesses of plea negotiation

Answer 5

-Negotiations do not need to be disclosed. This lack of transparency impacts the idea of open process

-The principle of the standard of proof is dropped meaning the prosecution does not need to prove the accused guilty beyond reasonable doubt, reducing the strength of the presumption of innocence.

-The victims don’t have the final say in regards to if the prosecutor goes into plea negotiations with the accused.

-A self represented party may feel obligated to accept a plea deal even if evidence is not strong as they are unfamiliar of their obligations and rights. ( although strong safeguards are put in place to avoid this)