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Plea Bargaining

Plea Bargaining. Katherine Akele. About the issue. Plea bargaining: A highly exploited method for the past 100 years. Established through common law – “Doctrine of Reception”.

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Plea Bargaining

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  1. Plea Bargaining Katherine Akele

  2. About the issue • Plea bargaining: • A highly exploited method for the past 100 years. • Established through common law – “Doctrine of Reception”. • Prosecution offers the defendant an opportunity to plead guilty to the crime they committed, and in return they will receive a lighter punishment.

  3. Problems with this issue • Plea bargains usually occur in private. • The Police Association of NSW submitted the “Sentencing Discounts Report” to the NSW Sentencing Council - “many officers are losing faith in the transparency and reliability of the justice system”. • Confidence in the Criminal Justice System is beginning to erode – reliable means of achieving justice?

  4. Problems with this issue • In a normal criminal trial evidence is presented by both parties. • Plea bargaining excludes information collated by victim & limits information utilised during sentencing. • Victim has no say in the process. • Article, “Victims ignored in plea deals” - states that “the full extent and circumstances of most cases are not revealed when a plea bargain occurs” – direct injustice to victim.

  5. Aitken v South Australia (2000) • Facts: • Scott Aitken alleged to have purposely crashed his car in an attempt to kill his 4 children. • 2 were killed in the process. • He was originally charged with two counts of murder and two counts of attempted murder. • Would have carried a possible sentence of life imprisonment if he was convicted.

  6. Aitken v South Australia (2000) • Decision: • Following negotiations, charges were reduced to causing death by dangerous driving and grievous bodily harm which Mr Aitken pleaded guilty to. • Mr Aiken was given a two year suspended sentence with a one year non-parole period. • Issue: • Although Mr Aitken was still punished, the degree of the conviction did not reflect the severity of the crime – decision was not just.

  7. Problems with this issue • Negotiations involved in plea bargaining process are seen as demeaning. • 80% of cases are determined by plea bargaining • Perception of allowance to “negotiate” a conviction is increasing – if a victim pleads guilty they will automatically receive a lesser punishment. • Article, “DPP Inquiry may look at plea bargaining” states “Police, as well as Attorney-general John Hatzistergos, are concerned that the practice shows favouritism towards criminals over victims” – reduces effectiveness of Criminal Justice System.

  8. Advantages of Plea Bargaining • Average cost of a trial is $10 000 per day for the duration of the trial • plea bargaining = alternative, therefore costs incurred decrease with the elimination of court, jury and other judicial costs. • Expediting nature allows more cases to be completed in a shorter amount of time – reduces court back-logs and apprehends more criminals. • Guarantees the offender will be punished. • Shows that plea bargaining can be an efficient and effective means of achieving justice for the individual and society.

  9. Reforms addressing the issue • Sentencing Act 1991: • Section 6AAA - “the court must state the sentence and the non-parole period that it would have imposed but for the plea of guilty.” • Ensures restrictions are maintained and applied to control how plea bargains are undertaken and awarded.

  10. Reforms addressing the issue • Crimes (Sentencing Procedure) Act 1999: • “a lesser penalty that is imposed in relation to an offence must not be unreasonably disproportionate to the nature and circumstances of the offence.” • Limits extent the sentencing discount can be granted, ensuring a reasonable punishment is still applied.

  11. Reforms addressing the issue • Article, “Plea bargaining debate continues in NSW”: • states that there is considerable debate between lawyers and police as to “whether plea bargaining leads to criminals getting off serious charges”. • In response – NSW State Government ordered a Review of plea bargain sentencing guidelines. • Review will examine how pleas to lesser charges are negotiated and principles applied when sentencing reductions are granted.

  12. Reforms addressing the issue • Police Association of NSW – launching a campaign in an attempt to restrict ability of the DPP to allow plea bargains. • President Bob Pritchard says – “the bargains should only be permitted if the police and victims are firstly consulted and then allow it” • Campaign aiming to enhance public awareness on this argument and encourage the implementation of further reforms relating to plea bargaining.

  13. Conclusion • Plea bargaining: • Faster, more efficient means of sentencing an offender. • However causes injustices towards the victims of these crimes and society in general. • Further responses needed to improve the effectiveness of the plea bargaining process and therefore the effectiveness of the Criminal Justice System in achieving justice in Australia.

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