Previous research has argued that the problem of innocence is minimal because defendants are risk-averse and willing to defend themselves in court. However, our research shows that when study participants are placed in real rather than hypothetical negotiation situations and given accurate information about their statistical probability of success, as they might be by their lawyer or the government at a criminal plea hearing, innocent defendants are very risk-averse. If the court considers that the evidence presented is insufficient to support the indictment or that a request for a verdict is made without a thorough examination of a case in violation of the requirements of the Georgian Code of Criminal Procedure, it shall refer the case to the Public Prosecutor`s Office. The court, before referring the case to the prosecutor, proposes to the parties to modify the terms of the agreement. If the amended conditions do not satisfy the court, the court refers the case to the Public Prosecutor`s Office. (Article 213 of the Georgian Code of Criminal Procedure). Another situation in which an innocent accused may plead guilty is the case of an accused who cannot obtain bail and is held in a prison or detention centre. Because it can take months or even years for criminal cases to be tried or even in some jurisdictions, an innocent accused who is offered a plea bargain that includes a sentence of less time than he or she would otherwise spend in prison to await an indictment or trial may choose to accept the appeal agreement and plead guilty. [16] The most significant disadvantage of an advocacy agreement is the missed opportunity. A defendant negotiating a plea waives many possible objections to the evidence that could have influenced a jury trial. A plea bargain excludes the possibility of a “not guilty” verdict.
The extent to which innocent people accept a plea and plead guilty is controversial and has been the subject of considerable research. Much of the research has focused on the relatively rare cases where innocence has been later proven, such as. B successful murder and rape appeals based on DNA evidence, which tends to be atypical for trials as a whole (since they are, by their very nature, only the most serious types of crime). Other studies have focused on presenting subjects with hypothetical situations and asking what choice they would make. Recently, some studies have attempted to examine the actual reactions of innocent people in general when faced with real plea bargaining decisions. A study by Dervan and Edkins (2013) attempted to recreate a real-world situation of controlled advocacy negotiation, rather than simply asking for theoretical answers to a theoretical situation – a common approach in previous research. [14] This put the subjects in a situation where a charge of academic fraud (fraud) could be laid, some of which were in fact intentionally guilty (and knew so), and some were innocent but faced apparently strong evidence of guilt and no verifiable evidence of innocence. Each subject was faced with evidence of guilt and offered the choice between an academic ethics board and possibly a hefty penalty in terms of additional courses and other confiscations, or admit guilt and assume a lighter “punishment.” The study found that, as might be expected from court statistics, about 90% of the accused who were actually guilty chose to plead guilty and plead guilty. It also turned out that about 56% of subjects who were truly innocent (and knew this in private) also pleaded guilty and pleaded guilty, among other reasons to avoid formal quasi-legal procedures, uncertainty, the possibility of greater damage to future personal plans, or deprivation of the family environment due to remedial courses. The authors explained:[14] Advocacy negotiation (Georgian: საპროცესო შეთანხმება, literally “plea agreement”) was introduced in Georgia in 2004. The content of Georgian advocacy is similar to that of the United States and other common law jurisdictions. [49] Plea bargaining, also known as an appeal agreement, is an alternative and consensual way to resolve disputes.
A plea agreement means settling the case without trial if the defendant agrees to plead guilty in exchange for a lesser charge or a lighter sentence or the dismissal of certain related charges. (Article 209 of the Georgian Code of Criminal Procedure) An innocent defendant should take a serious break before accepting a plea. A criminal conviction – even if it does not carry a prison sentence – can cause permanent problems. The consequences of a criminal conviction could include: On the other hand, if the prosecutor and the defendant reach an agreement, the judge must first approve it. There would be a hearing where the parties would present the terms of the agreement to the judge. The judge would then question the defendant to ensure that he fully understood and voluntarily accepted the terms of the agreement. Then the judge would decide whether or not to approve the agreement. Criminal trials are when the accused agrees to plead guilty in exchange for a lighter sentence. Some charges involve a wide range of possible penalties.
For low-level cases, a penal agreement could ensure that the penalty is a fine without imprisonment. In more serious cases, the penal agreement could deduct years from a prison sentence or commute the prison sentence to probation. 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] A plea bargain (also known as a plea agreement or plea agreement) is an agreement in criminal proceedings between the prosecutor and the defendant in which the defendant agrees to plead guilty or not be a candidate for a particular charge in exchange for a concession from the prosecutor. This may mean that the defendant pleads guilty to a lesser charge or to one of the various charges in exchange for the dismissal of other charges; Or it may mean that the defendant pleads guilty in exchange for a lighter sentence compared to the original criminal complaint. [1] As with many decisions in life, entering into a plea agreement has negative consequences. The reality is that most criminal cases are resolved by an agreement between the prosecutor and the accused.
If you are sued, you will probably have to decide at some point in your case whether or not to accept an agreement. This is a very important decision in your criminal case, as a criminal conviction can have long-term consequences. An experienced defense attorney can help you make this important decision. 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. .