Plea negotiations

An empirical analysis

Research output: Contribution to specialist publicationArticleResearch

Abstract

Negotiating guilty pleas ('plea bargaining') is a central element of criminal justice processes in Australia, yet little is known outside the legal community about the frequency and outcomes of plea negotiations. This study addresses this important knowledge gap through qualitative and quantitative analysis of cases that were resolved through negotiated guilty pleas in Victorian courts. The study found that negotiations are used in almost all cases of guilty pleas across all court levels and often involve an extensive negotiation process. The study highlighted differences in the way negotiations play out in summary and indictable courts and identified 14 different forms of plea negotiation.

Original languageEnglish
Pages1-13
Number of pages13
No.544
Specialist publicationTrends & Issues in Crime and Criminal Justice
Publication statusPublished - 1 Apr 2018

Cite this

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title = "Plea negotiations: An empirical analysis",
abstract = "Negotiating guilty pleas ('plea bargaining') is a central element of criminal justice processes in Australia, yet little is known outside the legal community about the frequency and outcomes of plea negotiations. This study addresses this important knowledge gap through qualitative and quantitative analysis of cases that were resolved through negotiated guilty pleas in Victorian courts. The study found that negotiations are used in almost all cases of guilty pleas across all court levels and often involve an extensive negotiation process. The study highlighted differences in the way negotiations play out in summary and indictable courts and identified 14 different forms of plea negotiation.",
author = "Asher Flynn and Arie Freiberg",
year = "2018",
month = "4",
day = "1",
language = "English",
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journal = "Trends & Issues in Crime and Criminal Justice",
issn = "1836-2206",

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Plea negotiations : An empirical analysis. / Flynn, Asher; Freiberg, Arie.

In: Trends & Issues in Crime and Criminal Justice, No. 544, 01.04.2018, p. 1-13.

Research output: Contribution to specialist publicationArticleResearch

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AB - Negotiating guilty pleas ('plea bargaining') is a central element of criminal justice processes in Australia, yet little is known outside the legal community about the frequency and outcomes of plea negotiations. This study addresses this important knowledge gap through qualitative and quantitative analysis of cases that were resolved through negotiated guilty pleas in Victorian courts. The study found that negotiations are used in almost all cases of guilty pleas across all court levels and often involve an extensive negotiation process. The study highlighted differences in the way negotiations play out in summary and indictable courts and identified 14 different forms of plea negotiation.

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