plea bargaining

Question 1

what is a plea bargaiM

Answer 1

a negotiated agreement in criminal law where a defendant agrees to plead guilty or “no contest” to a charge, usually in exchange for a lighter sentence, reduced charges, or the dismissal of other pending charge

initiated by prosecution

Question 2

t/f plea bargain is considered a mitigating factor

Answer 2

t

punishment/sentence reduced

Question 3

when does plea bargain occur

Answer 3

prior to trial starting

Question 4

t/f plea bargain zone is in charging/arrest + pretrial hearing + trial/conviction

Answer 4

t

Question 5

how common are PB in USA

Answer 5

95% of cases

Question 6

how common are PB cases in Canada

Answer 6

90% of cases

Question 7

t/f plea bargaining is an essential part of the legal system + exercise of Crown discretion

Answer 7

t

Question 8

pros of PB

Answer 8

less time consuming

less financial strain

avoid uncertainty

less server punishment

gives prosecutors leverage

uses fewer system resources

Question 9

cons of PB

Answer 9

coercive (trial penalty + plea discount and ppl cant afford to wait for trial)

lack of oversight

wide discretion (prosecutor level, office level, jurisdiction level)

reliance on advice from counsel

Question 10

checks on plea bargains: judicial oversight

Answer 10

sometimes

Question 11

checks on plea bargains: policies

Answer 11

local + national

Question 12

checks on plea bargains: prosecutor’s duty of fairness

Answer 12

not overcharging when fast dont meet standards

relied on facts must be accepted by defence and/or proves beyond a reasonable doubt

Question 13

PB wrongful convictions in USA

Answer 13

17-18%

Question 14

think about what ppl consider when presented a plea offer

Answer 14

what u take into account

what you’d consider before agreeing to plead guilty to crime

Question 15

shadow of the trial model

Answer 15

Look at the size of the trial penalty or plea discount as a function of the probability of conviction.

You are charged with a crime that could receive a 20-year sentence, but most cases (70%) like yours result
in a conviction at trial.

You might accept a plea bargain even if the sentence is only a little better

Question 16

same scenario in shadow but its an aquittal at trial

Answer 16

may reject PB + hold our for a trial/ask for a better offer

Question 17

what do ppl consider when presented w/ a plea offer

Answer 17

• Evidence against
  them.
• The seriousness of
  the charges.
• How long it will take
  to get a trial.
• Their lawyer’s advice.
• Their chance of
  success at trial.

Question 18

when are ppl more likely to accept a PB even if they’re innocent

Answer 18

vulnerability: young, intellectual disability, mental illness

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.