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Plea Bargain
agreement between the prosecution and a person charged with a crime
admit responsibility for at least one offense
forego chance to trial
who initiates a plea bargain?
usually the prosecution
defence can propose as well
when can a plea bargain occur?
before
at any time during the trial
between charging/arrest to trial & conviction
what is the percentage of cases in Canada that end in a plea bargain?
90%
what is considered when presented with a plea offer?
evidence against them
seriousness of charges
how long it will take to get a trial
perception of the investigators and how they feel about them
lawyer’s advice
past experiences with the system
chance of success at trial
perceptions of fairness of the criminal legal system
when are people more likely to accept a plea offer even if they are innocent?
vulnerability
inadequate representation
discrimination
vulnerability
young, intellectual disability, mental illness, or inadequate comprehension of the system
inadequate representation
lawyer may advise them to take it, so they may feel it is their only/best option
discrimination
member of a group typically treated poorly in the system
what are some pros of plea bargains?
less time consuming
less financial strain
avoid uncertainty
less severe punishment
gives prosecutors leverage (case resolved; closure for victims)
uses fewer system resources
what are some cons of plea bargains?
coercive
trial penalty & plea discount
people cannot afford to wait for a trial
lack of oversight
wide discretion
prosecutor level, office level, jurisdiction level
reliance on advice from counsel
