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14. April 2022

What Is a Plea Agreement Definition

If the court is satisfied that the defendant fully recognizes the consequences of the plea agreement and has been represented by the Defense Counsel, his will is expressed in full compliance with the legal requirements without deception or coercion, even if there is sufficient dubious evidence for the conviction and the agreement on a legitimate conviction is reached – the court approves the agreement on the Plead and make a guilty judgment. If any of the above conditions are not met, the court will refuse to approve the plea agreement and refer the case to the prosecutor. (Article 213 of the Georgian Code of Criminal Procedure). Plea bargaining, in law, the practice of negotiating an agreement between the prosecution and the defence in which the defendant pleads guilty to a lesser offence or (in the case of multiple offences) to one or more of the accused offences in exchange for more lenient sentences, recommendations, a particular sentence or a dismissal of other charges. Proponents of plea bargaining say it speeds up court proceedings and guarantees a conviction, while opponents say it prevents justice from being done. The vast majority of criminal cases in the United States involve some form of plea bargaining. For example, Robert Badinter argued that pleading trials would give too much power to the prosecutor and encourage defendants to accept a fair sentence to avoid the risk of a significant sentence in a trial, even if they didn`t really deserve it. Only a minority of criminal cases are settled using this method: in 2009, 77,500 of the 673,700 decisions, or 11.5 per cent of the decisions of the criminal courts. [48] The history of U.S. appeal negotiations is rather unclear, in part because negotiations were considered inappropriate in most places and jurisdictions until the late 1960s. Some of the first plea negotiations took place in colonial times during the Salem witch trials in 1692, when the accused witches were informed that they would live if they confessed but executed if they did not. The Magistrates of Salem wanted to encourage confessions, and in an attempt to discover more witches, they wanted the confessed witches to testify against others.

Pleading guilty saved many witches accused of execution. Later, the Salem witch trials were used to illustrate one of the strongest arguments against pleadings: that the practice sometimes leads innocent defendants to plead guilty. According to Italian law, a negotiation does not need an admission of guilt (in Italy there is no plea); For this reason, a sentence of trial is only an acceptance of the sentence in exchange for the cessation of the investigation and trial and has no binding character of persuasion in other trials, in particular in civil proceedings where parties to the same facts plead the effects of civil liability, and in other criminal proceedings in which the accomplices of the accused are treated, who had applied for and received a trial sentence. [53] Although not fully accepted by the courts of appeal, plea negotiations began to emerge like mushrooms in the early 20th century. One researcher pursued guilty pleas for New York County, New York, and found that between 77 and 83 percent of the defendants pleaded guilty between 1900 and 1907. Two scientists discovered in the 1920s that plea bargaining had become a common practice in other jurisdictions. In Cook County, Illinois, for example, 96 percent of prosecutions in 1926 resulted in guilty pleas. In the application, if the defendant could apply the conditional suspension of the sentence under articles 163 et seq. of the Italian Penal Code, he could make the application conditional on the granting of the suspension; If the judge refuses the suspension, the hearing is rejected. If the prosecutor and the defendant have reached an agreement, the proposal is submitted to the judge, who can reject or accept the hearings. Prosecutors should never lay more charges than necessary to encourage an accused to plead guilty to a few.

In the same way, they should never lay a more serious charge simply to encourage a defendant to plead guilty to a less serious charge. [10] Even if the allegations are more serious, prosecutors can often still ask defense lawyers and their clients to plead guilty to a less serious crime. As a result, people who may have been acquitted for lack of evidence, but who are also truly innocent, will often plead guilty. What for? In a word, fear. And the more numerous and serious the allegations, as studies have shown, the greater the fear. This explains why prosecutors sometimes seem to bring every conceivable charge against the accused. [9] A plea bargain allows both parties to avoid lengthy criminal proceedings and can allow defendants to avoid the risk of being convicted in court on a more serious charge. For example, in the U.S. legal system, a criminal accused accused of a crime of theft whose conviction would require a prison sentence in a state prison may be offered the opportunity to plead guilty to a charge of theft that may not result in imprisonment. Theoretical work based on the prisoner`s dilemma is one of the reasons why pleading negotiations are prohibited in many countries.

Often, the scenario of the prisoner`s dilemma is quite true: it is in the interest of both suspects to confess and testify against the other suspect, regardless of the innocence of the accused. The worst case is probably when only one party is guilty: here, the innocent has no incitement to confess, while the guilty has a strong incentive to confess and testify against the innocent (including false testimony). [Citation needed] If the government has a strong case, it can offer the accused a plea agreement to avoid a trial and perhaps reduce his exposure to a longer prison sentence. Plea bargaining has been defended as a voluntary exchange that puts both parties in a better position because defendants have many procedural and substantive rights, including a right to trial and appeal against a guilty verdict. By pleading guilty, the defendants waive these rights in exchange for a promise from the prosecutor, such as. B a reduced charge or a more favourable penalty. [5] For a defendant who believes that a conviction is almost certain, a discount on the sentence is more useful than an unlikely chance of acquittal. [6] The prosecutor obtains a conviction while avoiding having to devote time and resources to preparing for the trial and a possible trial. [7] Similarly, plea bargaining saves money and resources for the court before which the lawsuit is taking place.

It also means that victims and witnesses do not have to testify in court, which can be traumatic in some cases. [5] Like other common law jurisdictions, the Crown may agree to withdraw certain charges against the defendant in exchange for an admission of guilt. This has become the standard procedure for certain offences such as interference with driving. In the case of hybrid offences, the Crown must make a binding decision on whether to proceed summarily or by indictment before the defendant pleads his case. .