Plea Bargaining

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