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legal ch 4.4
u3 aos1 criminal justice system
| Question | Answer |
|---|---|
| Plea negotiations | pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid outside a trial |
| “Without prejudice” basis during plea negs | any offers made by either party during negotiations cannot be used during trial if they are not successful |
| possible agreements in plea negs | Accused pleads to fewer charges, with the remaining charges not proceeding, Accused pleads guilty to a charge but there is an agreed summary of facts, Accused pleads guilty to a lesser charge (lower max penalty) |
| purpose 1 of plea negs | To resolve a criminal case by ensuring a plea of guilty to a charge that adequately reflects the crime that was committed. The charges must adequately reflect the accused’s wrongdoing |
| purpose 2 of plea negs | To achieve a prompt resolution to a criminal case without the cost, time, stress, trauma and inconvenience of a criminal trial (or hearing). |
| When can plea negs happen? | any stage, and even before the charges have been laid. Victims should be consulted beforehand and their views should be considered before deciding to enter into an agreement w accused. |
| Factors to consider for plea negs | Are the plea negs in the public interest?, Is it appropriate to enter into an agreement? (murder, rape, willingly cooperating, strength of pros case), Is the accused ready and willing to plead guilty? |
| advantage 1 of plea negs | Saving the cost of a full trial - taxpayer money could be used for other things which increases the public’s opinion of the CJS |
| adv 2 | Victim (+ fam and witnesses) are saved from the trauma and inconvenience of the full trial process |
| adv 3 | Negs help w prompt determination thus decreasing delays. Delays lead to unfairness |
| adv 4 | Accused may receive a reduced sentence |
| adv 5 | Negs assure that the agreement reflects the criminality of the offender. victims/community may be satisfied if the accused pleads guilty to charges that reflect the gravity and nature of the offence. |
| adv 6 | Negs assure certainty in outcome for all parties. Going to trial can risk the possibility that the jury will decide there is reasonable doubt and acquit the accused. |
| disadvantages od plea negs 1 | community/victims feel like the sentence is too lenient and doesn’t reflect the crime |
| disadv 2 | Not fair to the victim (+ fam and witnesses). Victim is unable to access legal institutions to achieve justice. |
| disadv 3 | Self-repped accused may feel pressured into accepting a deal even though the pros’s evidence is not strong. could be swayed by the prosecution |
| disadv 4 | Can be interpreted like the prosecution is undermining the aspect of the standard of proof (beyond reas. dbt) which is a fundamental part of the CJS. SoP upholds PoI. |
| disadv 5 | Negs do not need to be disclosed and can be held privately. Lack of transparency leads to people questioning the reason behind the agreement. |
| disadv 6 | If negotiations do not succeed, a party may been adv/disadvantaged if it proceeds to trial. Eg pros gets an insight into the weaknesses of the accused’s case. |
Created by:
pg0612345
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