What we do in the shadows: Plea bargaining in Aotearoa New Zealand

• In Event: Charging, Plea, and Downgrade Decisions: Patterns and Predictors

Abstract

This study examines plea negotiations in New Zealand adult criminal courts. Like in the United States and Australia, criminal trials have become rare legal artefacts in Aotearoa New Zealand because most court cases are resolved via guilty plea. However, the impact of out-of-court and in-court plea negotiations on differential justice outcomes for Māori and non-Māori has yet to be examined. It is important to address this question because Māori remain disproportionately overrepresented in all stages of the criminal legal system. To start filling this research gap, the current study examines plea statistics and court documents. The findings from this study will provide original and important insights into how out-of-court and in-court plea negotiations relate to notions of justice and ongoing disparities in New Zealand’s adult criminal justice system.

Author

• Antje Deckert, Auckland University of Technology, New Zealand