Plea Bargaining

What is a Plea Bargain?

An agreement between the prosecution and defense where the defendant agrees to plead guilty to all offenses or one of them, giving up the right to a fair trial.

What right does a defendant give up in a plea bargain?

The right to have a fair trial.

Is a plea bargain considered a mitigated factor?

Yes, it is considered a mitigated factor and can reduce the severity of punishment or sentence.

Who starts a plea bargain?

The Crown starts the plea bargain.

When can a plea bargain occur?

It can occur anytime during the trial before it is over, but usually before a trial starts.

How common are plea bargains in the USA?

About 95% of cases in the USA are resolved through plea bargains.

How common are plea bargains in Canada?

About 90% of cases in Canada are resolved through plea bargains.

What is one benefit of plea bargains?

They consume less time for all parties involved.

How do plea bargains save resources?

They require less financial spending and use fewer systems from the defense, Crown, and court.

What is an advantage of a plea bargain regarding punishment?

It usually results in a less severe punishment such as no prison, parole, rehabilitation, or probation.

Why are plea bargains quicker at resolving a case?

Because they avoid the need for a full trial and lengthy court process.

"What does 'Trial Penalty' refer to?"

The difference between the sentence offered in a plea deal and the potential sentence if convicted at trial.

"What does 'Plea Discount' refer to?"

Getting a better deal by accepting a plea instead of going to trial.

Why can plea bargains be coercive?

Defendants might feel pressured to accept due to trial penalties or personal and financial constraints.

What is one issue with oversight in plea bargains?

There is no formal body overseeing all plea bargaining processes.

"What does 'wide discretion' mean in plea bargaining?"

That it varies across court levels, jurisdictions, and prosecutors.

What is one problem with relying on counsel in plea bargaining?

Defendants rely heavily on their lawyer’s advice, which might not always be adequate.

What is judicial oversight in plea bargains?

Some judges in Canada must sign the plea bargain, though it is not always required.

What are policy checks on plea bargains?

Local and national policies review rules, maintain records, analyze trends, and require court approval.

What is the duty of fairness in plea bargaining?

Prosecutors must not overcharge and must justify charges based on the crime committed (R v Babos 2014).

What did R v Gardiner (1982) establish?

That facts used must be accepted by the defense or proven beyond a reasonable doubt.

What percentage of exonerees in the USA pled guilty even though they were innocent?

18% of existing exonerees pled guilty to charges even though they were innocent.

According to Roach (2023), what percentage of Canadian exonerees pled guilty?

17% of Canadian exonerees pled guilty to unfounded crimes.

What is an exoneree?

A person convicted of a crime but later found to be innocent.

Who was Rodney Roberts?

He was falsely accused of kidnapping and sexual assault after being brought in for an assault dispute.

What does the Rodney Roberts case show?

That getting out of the system is difficult, plea bargains may be violated, and defendants may not understand offers.

"What is the 'Shadow of the Trial Model'?"

A model used before trial to predict who will take a plea bargain by analyzing trial penalty and plea discount.

What formula is used in the Shadow of the Trial Model?

Potential sentence x Probability of conviction = Max acceptable offer.

In the Shadow of the Trial Model, what is probability of conviction equal to?

It is 1 minus the probability of acquittal.

Example of Shadow of the Trial Model (0.7 conviction probability)?

20 years x 0.7 = 14 years; any plea offer less than 14 years is desirable.

Example of Shadow of the Trial Model (0.2 conviction probability)?

20 years x 0.2 = 4 years; any plea offer less than 4 years is desirable.

What factors does the Shadow of the Trial Model not consider?

Probation, parole, personal responsibilities, finances, counsel’s advice, or guilt/innocence.

What factors do people consider when offered a plea bargain?

Evidence, seriousness of charges, trial wait time, bail cost, lawyer’s advice, caregiving duties, past experiences, trial success chances, guilt/innocence, and fairness perceptions.

Who is more likely to accept a plea bargain despite being innocent?

Vulnerable individuals such as young people or those with mental illnesses or disabilities.

What is inadequate representation in plea bargaining?

When lawyers advise defendants that a plea is their only option.

How does discrimination affect plea bargaining?

Members of marginalized groups may lack trust in the criminal justice system due to unfair treatment.