Plea Negotitations

Question 1

What are plea negotiations?

Answer 1

• 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.

Question 2

What are the agreements that may come as a result of plea negotiations?

Answer 2

• 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.

Question 3

Do plea negotiations decide a sentence?

Answer 3

• 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.

Question 4

How are plea negotiations appropriate?

Answer 4

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.

Question 5

What are the purposes of plea negotiations?

Answer 5

• 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.