Plea Bargin Debate

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mocky-Dower

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Please settle a debate, At what stage, in a trial (criminal) can a defentant enter a plea bargin ?

Thanks.
 
Yes Clubman you seem to be correct, it does not take place here in Ireland, not officially anyway. It says

"The current position in this jurisdiction is that, in theory, neither form of plea bargaining occurs"

"A 'plea bargain' is a practice whereby the accused foregoes his right to plead not guilty and demand a full trial and instead uses a right to bargain for a benefit" - this seems to suggest that in other jurisdictions that it take's place before the trial begins, which means that one could not enter a plea bargain after the trial begins (or in this debate's case - when the jury retires to make their verdict)

 
This may also be useful:

http://en.wikipedia.org/wiki/Plea_bargain

Other common law jurisdictions

In some common law jurisdictions, such as England and Wales, and Victoria, Australia, plea bargaining is permitted only to the extent that the prosecutors and the defense can agree that the defendant will plead guilty to some charges and the prosecutor will drop the remainder. The courts in these jurisdictions have made it plain that they will always decide what the appropriate penalty is to be. No bargaining takes place over the penalty.
Click to expand...
I presume we would be similar to the UK.
 
you might be able to plead guilty to a lesser offence, such as if charged with Dangerous Driving, you might plead guilty to careless driving.
 
Didn't Malcolm McArthur effectively have a plea bargin by pleading guilty to the murder of Bridie Dorgan (the nurse killed in the Phoenix Park), he was never charged with the murder of the farmer who was killed while selling him a shotgun?
 
Was it not a case of the DPP simply not recommending prosecution of the second crime?
 
Yes, the state entered a nolle prosequi in relation to the murder of Donal Dunne but never gave their reasons for doing so. Maybe it was part of a deal but I believe that is just speculation
 
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