Chapter 6 - Plea Bargaining

PSYC 268 - SFU - DR. ADELE QUIGLEY-MCBRIDE

Plea Bargaining

An agreement between the prosecution and a person charged with a crime.

• Defendant is agreeing to plead guilty, and admit responsibility for at least one offence.

• Foregoes the chance at defending in trial.

• Considered a mitigating factor.

• Punishment or sentence is reduced.

• Typically occurs before trial even starts, but can occur at any time before trial is over.

• Usually initiated by prosecution.

Pros of Plea Bargains

• Less time consuming.

• Less financial strain.

• Reduced punishment or sentence.

• Avoids uncertainty.

• Gives prosecutor leverage (case resolved, closure for victims).

• Uses fewer system resources.

Cons of Plea Bargains

• Coercive. 

  • Trial penalty and plea discount. 

• Lack of oversight. 

• Wide discretion. 

• Reliance on advice from counsel.

Shadow of the Trial Model 

Potential Sentence (25 years) x Probability of Conviction (80% Chance) = Maximum Acceptable Offer (20 years, anything above may as well take a plea). 

Considering a Plea Bargain

• Evidence against defendant.

• Seriousness of charges.

• Lawyer’s advice.

• How long it takes to get a trial.

• Lawyer’s advice and defendants dependants.

• Past experiences with the system.

• Chances of success at trial.

• Known of innocence or guilt.

• Perceptions of fairness of the criminal legal system.

Likeliness of Accepting a Plea Bargain

• Vulnerability.

• Inadequate Representation.

• Discrimination.

Vulnerability

Young, intellectual disability, mental illness, or inadequate comprehension of the system.

Inadequate Representation

lawyer may advise them to take the plea as they may feel that it’s the only best option.

Discrimination

Members of a group they may be part of are treated poorly in the system. 

Commonality of Plea bargains 

In Canada, 90% of cases are resolved through plea bargaining. 

• SC of Canada states that plea bargains are an essential part of the legal system. 

Wrongful Convictions from Plea Bargains

Canadian National Registry of Exonerations, Roach 2023 states that 17% of existing exonerees pled guilty to unfounded crimes against them.