Plea bargaining

With the recent publicity about the delays in criminal trials in the District Court, perhaps it is time for us to look at a formal system of plea bargaining.

For a general explanation of exactly what plea bargaining involves, see this article.

Whilst we do have a system of negotiation here in South Australia, this is not done with the direct assistance of the Judges.

The other main difference is that the DPP and Defence Lawyers cannot "agree" a specific sentence that is then rubber-stamped by a Judge. That of course runs a little contrary to our strongly held principals of judicial independence, and that is one of the arguments against such a system.

The one thing that an accused person often craves is certainty. The uncertainty of the sentence that might ultimately be imposed under the current system is a dis-incentive to some accused people pleading guilty to certain offences.

My clients will frequently say things like, "If you can guarantee I'll get 4 years, then I'll plead guilty," but in our current system such a guarantee is not possible.

Even the usually conservative English legal profession has been examining the possible benefits. See this article.

Plea bargaining: not perfect, but it works - Times Online

British judges, lawyers and prosecutors have spent two years hammering out the finer details of how to introduce a similar system here.

It would not be the solution to all of our problems, but it just might help.

Mandatory Minimum Sentencing

A couple of sentencing decisions in the news recently have attracted a lot of public attention. Many people are calling for longer sentences in general, and for mandatory minimum sentences. Very few of these people are actually able to articulate why they would be a positive.

At the time of writing, 89% of people responding to the AdelaideNow Poll support mandatory sentences for Aggravated Cause Death by Dangerous Driving cases. The comments on the story in question follow similar themes - a couple are reproduced verbatim here:

"Crime i sgetting worse and worse and yet these criminals are getting such pathetic sentences"

"lock these criminals up for a lengthy term, show them we will not tolerate it anymore, before things get even worse."

Many of them talk about the fact that the victim was a "good" man - and there is absolutely no doubt that he was, but is that something that should play a role in sentencing? Maybe that is a whole topic in itself.

I want the Government to work at reducing crime.

Increased penalties only serve to appease a public baying for blood. They do not reduce crime. The penalty for stealing used to be transportation to Australia, and it did not stop crime - and that is long before Australia was the migration destination of choice for Brits!

I am told Denis Hood is a reasonably intelligent man, and therefore one would assume that he has read all of the research on the topic of "general deterrence." If he has, then the only motive for this must be political.

That's not putting the Family First.