Plea Agreements Criminal Justice System
Author Martin Yant talks about the application of coercion in litigant: A plea of good business (also plea or plea deal) is any arrangement in a criminal case between the prosecutor and the accused, the accused agreeing to plead guilty or nolo claiming a specific charge in exchange for some concession from the prosecutor`s office. This may mean that the accused will plead guilty in exchange for the dismissal of other charges on a lesser charge or one of the multiple counts; or it may mean that the accused will plead guilty in exchange for a lighter sentence.  In Japan, oral arguments were previously prohibited by law, although sources reported that prosecutors offered unlawful arguments to the accused in exchange for their confessions.     A prosecutor may wish to maintain a high conviction rate or avoid the loss of high-level trials, thereby creating the potential to argue in a plea that favours their interests, but reduces the potential for prosecutions and punishments to deter crimes.  Prosecutors may also make prosecution decisions that have a significant impact on an accused`s sentence, and may lay charges or propose arguments that themselves induce an innocent accused to consider or accept a plea. In some common law jurisdictions, such as Singapore and the State of Victoria in Australia, arguments are made only to the extent that the prosecutor and the defence can accept that the accused pleads guilty in exchange for the prosecutor withdrawing the remaining or more serious charges. In New South Wales, a 10-25% discount is generally granted on the verdict in exchange for an early admission of guilt, but this concession should be granted by the judge as a means of recognizing the utilitarian value of an early guilty verdict to the courts – it is never negotiated with a prosecutor.  The courts in these jurisdictions have made it clear that they will always decide what the appropriate sanction will be. There are no negotiations between the Crown and the defence on criminal sanctions. At the closing of the oral argument, the prosecutor is required to consider the public interest, the seriousness of the sentence and the personal characteristics of the accused. (Article 210 of Georgia`s Code of Criminal Procedure) In order to avoid misuse of powers, the legislation provides for the written agreement of the monitoring procedure as a necessary condition for the conclusion of an appeal contract and the modification of its provisions. (Article 210 of Georgia`s Code of Criminal Procedure) Some plea critics argue that the trial of the accused is unfair. These critics argue that prosecutors consider too much discretion in the choice of charges that a criminal accused may face.
When an accused is arrested, prosecutors have the power to lay any charges if they have sufficient facts to support a reasonable belief that the accused committed the offence. This standard is called CAUSE PROBABLE, and it is a standard below the ability to prove a charge BEYOND A REASONABLE DOUBT, the standard that the prosecutor`s office must comply with the court. Thus, a prosecutor can support more serious and similar charges, without believing that the charges can be proven beyond a reasonable doubt during the trial. Together, these five cases illustrate the Court of Justice`s view that oral arguments are acceptable and must be recognized as valid agreements. In Santobello, the court went so far as to ensure that the pleading trial was “not only an essential part of the trial, but also, for many reasons, a highly desirable part.” Plea`s bargains have thus become a well-established and protected routine.