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    Guilty pleas as mitigation

    Hough, Mike and Jacobson, Jessica (2023) Guilty pleas as mitigation. In: Roberts, J.V. and Ryberg, J. (eds.) Sentencing the Self-Convicted: The Ethics of Pleading Guilty. Oxford, UK: Hart Publishing, pp. 187-210. ISBN 9781509957439. (In Press)

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    Abstract

    Book synopsis: 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?

    Metadata

    Item Type: Book Section
    School: Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School
    Depositing User: Administrator
    Date Deposited: 02 Nov 2022 16:33
    Last Modified: 02 Aug 2023 18:18
    URI: https://eprints.bbk.ac.uk/id/eprint/49647

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