Negotiating Plea Agreements

Despite his reluctance, Cooper decided to go to court. Why would he do that? Classical psychological research constantly shows that authority figures can be very coercive. It is possible that Cooper was forced to follow the advice of his lawyer to go to court and waive the plea agreement. Even if this is not necessary, the lawyer`s proposals were probably considered a source of expert information for the client, who had to face a very difficult decision. Like other common law jurisdictions, the Crown may agree to withdraw certain charges against the accused in exchange for a guilty plea. It has become a standard procedure for certain offences such as obstruction of driving. In the case of hybrid offences, the Crown must make a binding decision as to whether to proceed summarily or by charge before the accused makes his or her plea. If the Crown chooses to proceed summarily and the accused then pleads not guilty, the Crown cannot change its choice. As a result, the Crown is not in a position to offer summary proceedings in exchange for an admission of guilt.

Sometimes the prosecutor agrees to reduce the charges or drop some of the multiple charges in exchange for the accused`s acceptance of the sentence. The accused, in the application, could argue with the penalty and aggravating and mitigating Circumstancing with the prosecutor who can accept or refuse. The request could also be made by the prosecutor. Arguments could be granted if the sentence, which could be applied in practice, is less than a five-year prison sentence after the reduction of one-third (so-called patteggiamento allargato, extensive negotiation); If the sentence imposed, after the reduction of one third, is less than two years` imprisonment or only a fine (so-called “patteggiamento ristretto” limited negotiation), the accused may have other benefits, such as the suspended sentence and the erasure of the crime, if within five years of sentence the accused does not commit a similar crime. A plea is an agreement in the context of a criminal proceeding between the prosecutor and the accused. According to legal experts, it is a matter of persuading the accused to plead guilty by providing a lighter sentence of a lesser charge or the original charge. Arguments were defended as a voluntary exchange, which makes both parties better off, as the accused have many procedural and material rights, including a right to a trial and an appeal against a guilty verdict. By pleading guilty, the accused waive these rights in exchange for a commitment from the prosecutor, such as a reduced charge or a more favourable sentence. [5] For an accused who believes that a conviction is almost certain, a reduction in sentence is more appropriate than an unlikely chance of being acquitted.

[6] The prosecutor has obtained a conviction and avoids the need to devote time and resources to the preparation of the trial and a possible trial. [7] Plea`s trials also help to secure money and resources for the court where the charge is being held. It also means that victims and witnesses do not have to testify at trial, which can be traumatic in some cases. [5] Some aspects of the U.S. justice system are used to promote oral arguments. For example, the adversarial nature of the U.S. criminal justice system places judges in a passive role in which they do not have independent access to information that allows them to judge the strength of the accused`s trial. The prosecutor and the defence can thus control the outcome of a case through oral arguments. The court must approve a plea as in the interests of justice. [24] As a general rule, once a plea is tried and accepted, the case is final and cannot be challenged. However, a defendant may withdraw his plea for certain legal reasons[27] and a defendant may accept a “conditional” plea by pleading guilty and accepting a sentence, while reserving the right to appeal a particular case (for example. B, violation of a constitutional right).