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a. Identify two participants in the plea negotiation process - VCE - SSCE Legal Studies - Question 1 - 2021 - Paper 1
Question 1
a. Identify two participants in the plea negotiation process. b. Under what circumstances might plea negotiations be inappropriate determining a criminal case? Expl... show full transcript
Worked Solution & Example Answer:a. Identify two participants in the plea negotiation process - VCE - SSCE Legal Studies - Question 1 - 2021 - Paper 1
Step 1
Identify two participants in the plea negotiation process.
Answer
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One participant in the plea negotiation process is the prosecution. They represent the state and are responsible for presenting the case against the accused in court.
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Another participant in the process is the accused. This individual is charged with the crime and has the opportunity to negotiate a plea bargain with the prosecution.
Step 2
Under what circumstances might plea negotiations be inappropriate determining a criminal case? Explain your response.
Answer
Plea negotiations might be deemed inappropriate in several circumstances:
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Seriousness of the Offense: In cases involving severe crimes, like homicides or sexual assaults, plea bargains may not reflect the gravity of the situation. The public’s interest in ensuring justice is served might override the benefits of negotiation, potentially leading to a perception of leniency toward the offender.
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Lack of Transparency: Plea negotiations often occur behind closed doors, and if there is a lack of transparency regarding these negotiations, it can lead to public distrust in the judicial process. Victims and their families may feel that their voices are not heard, undermining confidence in the legal system.
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Unfair Advantage: If the accused is not adequately informed about the implications of a plea agreement or is facing coercion, the process may be seen as unjust. A sound legal counsel is crucial to ensure that accused individuals make well-informed decisions during negotiations.