This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process.
The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years.
The book provides insightful commentary on the following questions:
- If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication?
- Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction?
- If it is acceptable, what is the appropriate State response to such offenders?
- If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?
The Ethics of Pleading Guilty
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- ISBN:
- 9781509957477
- 9781509957477
- Category:
- Crime & criminology
- Format:
- Paperback
- Publication Date:
- 22-08-2024
- Language:
- English
- Publisher:
- Bloomsbury Publishing PLC
- Country of origin:
- United Kingdom
- Dimensions (mm):
- 233.93x155.96x25.4mm
- Weight:
- 0.45kg
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