Plea Bargaining Law and Ethics By Fadhil Ihsan (LLB)
Outline <ul><li>Sentence Discount </li></ul><ul><li>Justification of Plea Bargaining </li></ul><ul><li>Advantages to the C...
Sentence Discount/Bargain
Sentence Discount/Bargain <ul><li>If you committed the offence, pleading guilty at an early stage in the proceedings  will...
R v Thomson & Houlton <ul><li>A plea of guilty was allowed a twenty five percent discount on time served, but not absolute...
Fernando (1992)   <ul><li>Established the  Fernando Principles </li></ul><ul><ul><li>not exhaustive nor do they justify an...
Exclusion <ul><li>in every sentencing exercise, while it is important to ensure that  the punishment fits the crime and no...
Statutory Provisions <ul><li>Criminal Procedure Code </li></ul><ul><ul><li>S 176(v)  </li></ul></ul><ul><ul><li>S 173A  </...
Justification for Plea Bargain <ul><li>help courts and prosecutors  manage caseloads .  </li></ul><ul><li>prosecutors can ...
Inadequacy to prove guilt <ul><li>prosecutors may be certain of the guilt of the defendant in a matter, but the admissible...
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Plea Bargaining Dale

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Plea Bargaining Dale

  1. 1. Plea Bargaining Law and Ethics By Fadhil Ihsan (LLB)
  2. 2. Outline <ul><li>Sentence Discount </li></ul><ul><li>Justification of Plea Bargaining </li></ul><ul><li>Advantages to the Court </li></ul>
  3. 3. Sentence Discount/Bargain
  4. 4. Sentence Discount/Bargain <ul><li>If you committed the offence, pleading guilty at an early stage in the proceedings will usually lead to a shorter sentence </li></ul><ul><li>Magistrates and judges will take into account the stage at which plea is made and the circumstances in which the plea was made. </li></ul><ul><li>Factors considered: age, background and criminal history, and signs of remorse can all be taken into consideration </li></ul>
  5. 5. R v Thomson & Houlton <ul><li>A plea of guilty was allowed a twenty five percent discount on time served, but not absolute. </li></ul><ul><li>Because, the nature of the offence and considerations such as the protection of the public may lead to a lesser discount, or no discount at all </li></ul>
  6. 6. Fernando (1992) <ul><li>Established the Fernando Principles </li></ul><ul><ul><li>not exhaustive nor do they justify any special leniency in the sentencing of indigenous persons. </li></ul></ul><ul><ul><li>may have particular relevance for the framing of a sentencing order for indigenous persons from a remote area, or those who have particularly disadvantaged backgrounds, or when the offence is alcohol-related. </li></ul></ul><ul><ul><li>On these facts, the considerations add little to this sentencing exercise but remain relevant for the rehabilitative aspects of the applicant’s sentence </li></ul></ul>
  7. 7. Exclusion <ul><li>in every sentencing exercise, while it is important to ensure that the punishment fits the crime and not to lose sight of the objective seriousness of the offence in the midst of what might otherwise be attractive subjective circumstances, full weight must be given to the competing public interest to rehabilitation of the offender and the avoidance of recidivism on his part. </li></ul>
  8. 8. Statutory Provisions <ul><li>Criminal Procedure Code </li></ul><ul><ul><li>S 176(v) </li></ul></ul><ul><ul><li>S 173A </li></ul></ul><ul><ul><li>S 294 </li></ul></ul><ul><li>“… if the charge is proved, but is of opinion that, having regard to character, antecedents (background) , age, health or mental condition (sanity) of the circumstances of the offense … it is inexpedient (within a measurable circumstance) to inflict a punishment </li></ul><ul><li>Also, the court may take into consideration mitigating factors on the plea in mitigation. </li></ul>
  9. 9. Justification for Plea Bargain <ul><li>help courts and prosecutors manage caseloads . </li></ul><ul><li>prosecutors can reduce the number of cases set for trial so that cases do not get dismissed. </li></ul><ul><li>allows criminals who accept responsibility for their actions to receive consideration for their remorse and for not causing limited resources to be expended in further investigating and litigating their case. </li></ul><ul><li>a defendant may be culpable in one criminal matter, but have information that would help in prosecuting a broader or more significant matter. Fair exchange in testimony for a plea bargain </li></ul>
  10. 10. Inadequacy to prove guilt <ul><li>prosecutors may be certain of the guilt of the defendant in a matter, but the admissible or available evidence might not be enough to convince a jury of the defendant's guilt. </li></ul><ul><li>In those situations it can be of benefit to both the prosecutor and the defendant to arrange a plea bargain; </li></ul><ul><li>the prosecutor avoids the chance that the defendant could be found not guilty and the defendant avoids the chance that he or she could be found guilty of more serious charges or given a heavier punishment. </li></ul>

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