U3AOS1 Topic 7: Plea negotiations

K.K.7:

- The purpose and appropriateness of plea negotiations

Preface:

- Typically, exam questions focus on three main components: outlining/describing/explaining what plea negotiations are, discussing/explaining when they are/are not appropriate, and discussing/analysing/evaluating their ability to achieve the principles of justice in a criminal case. As per the key skills section of the study design, students can be asked to 'evaluate' the ability of plea negotiations to achieve the principles of justice. The high-mark questions for this topic revolve around talking about the appropriateness of plea negotiations and their ability to achieve the principles of justice.

Plea negotiations:

- are discussions between the prosecution and the accused which aim to resolve a criminal case by having the accused plead guilty to the criminal charges laid. 

- can allow an accused to plead guilty to fewer charges with the remaining not proceeding, to a lesser charge or it can allow for an agreement to be made about the facts of which the plea is based upon.

- can occur in relation to both summary and indictable offences.

- DO NOT determine the sentence of the offender.

- can occur at any stage of the criminal case.

- ensure that in the case where a plea negotiation is unsuccessful, the prosecution cannot use what was said in the negotiation as admissible evidence in court to prove that the accused is guilty.


Purposes of plea negotiations:


- Plea negotiations can help secure a conviction. That is, a successful plea negotiation ensures that the accused pleads guilty, which is specifically paramount in cases where the prosecution does not have strong admissible evidence to prove the accused's guilt. It is also paramount in securing a conviction in cases where witnesses are unwilling or reluctant to provide evidence in court due to various potential factors. Thus, a successful plea negotiation helps ensure a conviction. 


- Plea negotiations can help avoid or reduce the costs associated with a criminal case. Specifically, in cases where an early plea negotiation is successful, it can prevent the case needing to go to trial which can be very costly to the parties. This is paramount in cases where the accused is concerned with costs. Typically, in exam questions, the stimulus will provide hints regarding whether the accused is concerned with the costs. 


- Plea negotiations can help avoid the stress and trauma of a criminal case. In cases where the victim(s) or their family have suffered psychological trauma from the offending, a plea negotiation can allow for them to feel solace as it can ensure a conviction. Moreover, for witnesses that are hesitant to provide evidence in court due to the trauma they have experienced, an early successful plea negotiation can ensure that they do not have to provide trauma and potentially have their trauma exacerbated. 


- Plea negotiations can help provide a timely efficient resolution of a criminal case. Where an early plea negotiation is successful, it can allow for the offender to avoid the need of having their case to go to the courts to be resolved. This ensures that the lengthy time processes of the court's are avoided such as the jury empanelment process. In particular, it avoids the high backlog of court cases in the Victorian court hierarchy. Thus, plea negotiations can help ensure a timely efficient resolution of a case.


Circumstances where plea negotiations are appropriate:

- Plea negotiations are appropriate when the parties are concerned with costs.

- Plea negotiations are appropriate when an accused is willing to plead guilty.

- Plea negotiations are appropriate when the parties wish to avoid the costs and time associated with a trial.

- Plea negotiations are appropriate when witnesses may be reluctant or unable to give evidence, which may adversely affect the prosecution's capacity to prove the accused's guilt. Thus, a successful plea negotiation can help secure a conviction in these situations.

Circumstances where plea negotiations are not appropriate:

- Plea negotiations are not appropriate when the accused is not willing to plead guilty.

- Plea negotiations are not appropriate when the accused has been charged with a very serious criminal offence. In such cases, engaging in a plea negotiation that results in the accused pleading guilty to a lesser charge or fewer charges altogether may not align with the public's best interests. 



Plea negotiations and their ability to uphold the principles of justice: fairness, equality and access.

Fairness:

StrengthsWeaknesses
- Plea negotiations can allow for the accused to participate with the processes of the criminal justice system. That is, a successful plea negotiation can ensure a conviction in a criminal case, which is particularly important in cases where the prosecution lacks strong admissible evidence or when the victim(s)/witnesses are unwilling/reluctant to provide evidence in court. Through this, plea negotiations are able to offer an alternate avenue for resolving a criminal case.





Equality:

StrengthsWeaknesses
- Regardless of individual characteristics, every accused individual has the potential opportunity to engage in a plea negotiation, provided that the circumstances are appropriate. That is, every accused individual is treated the equally, with their personal characteristics being irrelevant during a plea negotiation.
- Both the prosecution and the accused have the capacity to request a plea negotiation to occur, ensuring that both parties are treated the same and that this treatment does not cause for disparity to ensue. Thus, promoting equality.		- The prosecution must agree for a plea negotiation to be available to an accused. If, in some cases, the prosecution does not agree to engage in a plea negotiation, the accused will not be able to participate in one. As a result, not every accused individual is treated the same. Thus, hindering equality from being achieved.

Access:


StrengthsWeaknesses