Activity 2e

1. The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the ability of plea negotiationsto achieve theprinciples of justice requires students to write about relevant strengths and weaknesses of plea negotiations. Responses will vary according to the arguments selected.

        Arguments in support of plea negotiations achieving the principles of justice include:

• Plea negotiations help the accused understand the case against them and consider their realistic chances of success. This supports the right of the accused to a fair trial.
• Plea negotiations are necessary for the courts to have the time and resources to resolve all disputes. In 2017-18 over 80 per cent of accused plead guilty before trial; without plea negotiations, court backlog would be up to four times longer without significant funding increases.
• Plea deals reached as a result of negotiations protect alreadytraumatised victims and witnesses from suffering furtherdistress by having to give evidence at trial and be cross-examined.Recent changes to witness examination – such asallowing vulnerable witnesses to give evidence from remotelocations – acknowledges the stress and difficulty of givingevidence at trial.
• From 2008, any Victorian court sentencing an offenderfollowing a guilty plea must give a specified sentence discountin their sentencing. Other plea deals include amendmentsmade to the agreed facts, which affects the aggravating andmitigating factors the court is allowed to take into account insentencing. These benefits all encourage a guilty accused totake responsibility for their behaviour.
• A guilty plea can make the victim and wider public feel thatremorse has been shown for the wrongdoing and the effectsof the crime. This can lead to greater satisfaction with theoutcome.
• Plea deals save court time and money, meaning they can beallocated to higher priority cases that involve more contestingof the evidence.

        Arguments against plea negotiations achieving the principles of justice include:

• Plea negotiations can result in guilty pleas that hide relevantcircumstances of the wrongdoing from the court. Amendedstatements of fact can be agreed upon, and any facts thatrelate to charges dropped during negotiations cannot bepresented in sentencing.
• The OPP policy in favour of plea deals can encourage overchargingof an accused with additional offences, so thatprosecutors have bargaining chips in negotiations – somecharges can be dropped.
• Plea negotiations take place in private and the discussionsare confidential. This removes the access the public has tothe case, along with that of stakeholders such as witnesses.‘Justice’ is increasingly being done behind closed doors.
• Sentence discounts can equal up to 40 per cent of thesentence, and can pressure even an innocent accused toplead guilty. If an accused is unrepresented, they will be at asignificant disadvantage and may receive greater punishment.
• Sentence discounts and dropped charges can increase public dissatisfaction with the consequences faced by the offender, and can lead the victim to feel that justice has not been served.
• Remorse is assumed to be present in many guilty pleas, but is not required for a plea deal and a sentence discount will be given even in the absence of remorse.

2. The task word ‘evaluate’ require students to consider both sides of something, as well as express an opinion judging the relative strengths of the arguments. For example, a student might argue, based on evidence when referring to the arguments for and against plea negotiations, that they do achieve one principle of justice. Responses will vary according to the arguments selected.