Why would DPP downgrade charge?

greenscene

Hypothetically, Mr John Smith has been accused of a crime contrary to a section of the NFOAP in a District Court.

What would/could/should possibly influence the DPP to accept a guilty plea on a lesser charge instead ?

Would this be a regular occurrence, to downgrade the charge in return for a guilty plea on a lesser charge ?

Any info/comments appreciated.

Procrastastudy

Victim doesn't have the required harm for section 3 so they go for section 2?

greenscene

Thanks for the reply.

Yes that is one possible influence. To take your example.

How would the DPP arrive at the decision to accept a guilty plea on a lesser charge of section 2 .Surely the DPP must have had a certain amount of faith in securing a conviction to even go for section 3 in the first place ? I suppose my question is why would the DPP then settle for section 2 ?

Is it that the DPP thinks a definite section 2 guilty verdict is better than a possible section 3 ?

Does it show that the DPP maybe doubts the chance of securing a conviction on the section 3 charge. So why would the DPP even charge with section 3 if not sure of the chances ?

Procrastastudy

I *THINK* you're asking does the Irish criminal justice system engage in plea bargaining. I think there is an official and unofficial answer to that but you'd have to ask someone with more of a clue than I.

If we remove the guilty part of it they might go with Section 2 rather than section 3 because the injury was on the border line of the two. I take it this started in the DC and didn't get moved there from the Circuit Criminal Court? I might be putting that across badly but I'm wondering did it start off on indictment and end up summary? (again I might be way off on what's even possible here!)

greenscene

Well I am ultimately clueless myself :P

My knowledge/experience/opinion is that plea bargaining does occur. As in Mr J is charged with Section 3, then with agreement of a guilty plea to a Section 2, the charge will be reduced. From start to finish in DC summary


I don't understand the benefit for the prosecutor to downgrade a charge.

Procrastastudy

greenscene wrote: »

Well I am ultimately clueless myself :P

My knowledge/experience/opinion is that plea bargaining does occur. As in Mr J is charged with Section 3, then with agreement of a guilty plea to a Section 2, the charge will be reduced. From start to finish in DC summary


I don't understand the benefit for the prosecutor to downgrade a charge.

Well in a plea bargain the benefit to everyone is the avoidance of cost (of trial).

subrosa

The avoidance of cost and the certainty of a conviction. On the other side the accused should receive a reduced sentence for a guilty plea.

Arrangements such as these do occur, quite frequently, in both the District and Circuit court.

ResearchWill

greenscene wrote: »

Well I am ultimately clueless myself :P

My knowledge/experience/opinion is that plea bargaining does occur. As in Mr J is charged with Section 3, then with agreement of a guilty plea to a Section 2, the charge will be reduced. From start to finish in DC summary


I don't understand the benefit for the prosecutor to downgrade a charge.

The above is not a plea bargin, that is I will plead to x if I get y sentence. In ireland the DPP can not agree sentence other than the possibility of a lesser max in pleading to the lesser charge. It's relatively normal to have section 3 reduced to 2. The main reason is there is often no proof of harm. Also by accepting plea it frees up AGS the courts and if necessary the doctor. If its a border line section 3 there is also the possibility the DJ would only convict of the lesser charge.

Kosseegan

There is also the possibility that a guilty plea would result in a suspended sentence in the Circuit Court. If that is the case it might as well be done in the District Court at lower cost. Even a 2 year sentence with one suspended would bring it into the range of a District Court sentence.