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Re: Sure they will

Posted by Red Rodent on 2024-January-30 06:07:06, Tuesday
In reply to Sure they will posted by Icarus on 2024-January-29 19:52:39, Monday

I have no knowledge of the US system beyond fictional courtroom drama, so I daresay you're right. However, in the UK, plea bargaining as such don't exist; negotiation between the defence and prosecution is not allowed and it is down to the judge (who is under public and political scrutiny) to decide whether a charge should go to trial.

So often "the way to win" for defence lawyers here is to advise a defendant to enter an early guilty plea, for which they will receive a lesser sentence: generally a reduction of one third. If this can be done in the Magistrates Court, which has limited sentencing powers, then so much the better.

This is not necessarily in the defendant's best interests.

As a result the proportion of cases that proceed as charged is far higher here than in the US. Your point about ensuring due process and that sentencing is conducted fairly is right, of course, but these are procedural matters normally left to junior staff anyway.

Red Rodent

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