Help Crime!! (1 Viewer)

[manifestation]

Hello folks,
Need help with this Crime key question from the syllabus:

What are the implications of plea-bargaining for the notion of justice for the accused, the victim, the community and the efficiency of the court?
I’m guessing this question is addressing things like:
- rights of the victim and justice
- Community and how they want justice to be achieved and plea bargaining overshadows the fight for justice?
Just wondering if anyone can give me some ideas and answer or points to concentrate on my trials are on for legal in 4 days that’s why I just want to make sure im on the right track when I am studying.

thanx ciao

 

[goan_crazy]

from my notes:
what is it:
PLA BARGAINING:
Does not officially occur in NSW but happens informally. Defendants agree to plead guilty to a less serious offence if the police drop a more serious charge.
This at least ensures a conviction.

PLEAS:
A defendant can plead guilty or not guilty
If guilty, the matter is set down for sentencing only. Defendants can change their plea during proceedings from not guilty to guilty.
A guilty plea results in a quicker hearing and possibly a lighter sentence.

• the nature of the criminal trial
- innocent until proven guilty
- STANDARD OF PROOF: beyond reasonable doubt
- BURDEN OF PROOF: with prosecution

Bring up the court system:
we use the adversarial system
ADVERSARY SYSTEM: system used in Australia where opposing sides argue case against one another in the courtroom, independent judge and jury
- PROBLEMS WITH THE ADVERSARY SYSTEM:
o Time delays
o Often involves high costs
o Wealthy can gain better legal representation
o Costs are high
o Tries to find someone guilty rather than determine all the circumstances and other possible offenders.

some other info related to this u mite like 2 use:
- SUMMARY HEARINGS: quick, cost effective, max penalty: 2 years (3 years for 2+ convictions)
- COMMITTALS: a preliminary hearing to see whether a prima facie case exists, 88% go to trial
- guilty plea: 80% of cases, quick, straight to sentencing, character witnesses
- non-guilty plea: defended, bail/remand delays
- TRIAL BY JURY:
• usually 12 jurors
• 3 peremptory challenges (no cause)
• jurors are selected from electoral roles
• used in <1% of criminal cases
- LAWYERS: (barristers: admitted to Bar, + solicitors)
- JUDGES: conduct a trial according to the rules of the court, supervise proceedings, exclude evidence, pass sentence
- THE ACCUSED’S RIGHTS
1) plea bargaining: DPP and the accused agree on a deal about the charge/sentence. Shows discretion
2) right to silence: protects the accused from verballing/intimidation
3) right to legal representation
• implied
• helped by legal aid
- COURT PERSONNEL: bailiff, registrar, clerk
- Children’s Court Hearings: closed, no conviction recorded if <16
- Coronial inquires: inquisitional, for unnatural deaths/unexplained fires
- The Drug Court NSW: established 1999, non-violent cases relating to adults addicted to illegal drugs
• CRIMINAL PROCESS: system that operates as to bring criminal offenders to justice
• 3 stages:
- ENFORCEMENT: detection, investigation, evidence gathering
- ADJUDICATION: trial stage, decision of guilt/innocence
- CORRECTION: punishment stage
- DISCRETION: Discretion is the power to make different decisions and choices. Is held by the police and the judiciary


hope that helped hera

 

[manifestation]

Thanx matey! I knew you would help

 

[monique66]

9. What are the implications of plea bargaining for the notion of justice for the accused, the victim, the community and the efficiency of the court process?

Guilt pleas result in lesser sentences, so offenders are likely to consider the option of plea bargaining. This way the accused agrees to plead guilty to a lesser charge and will result in a quicker, less expensive court process and less trauma to the victim. However, it may also create pressure on the accused to plead guilty to a crime they have not committed. If plea bargaining does occur, the accused may receive a fairly light punishment and therefore the victim and the community see the justice system as a failure. A lighter sentence may also result in the offender re-offending and because it is a secretive process it may prevent the court system from operating justice. Plea bargaining also does not reflect the notions of justice to the community.

just to add to what Joe said

 

[manifestation]

THanx both of you champions!