Why Should Guilty Pleas Matter?

Brooks, Thom

Why Should Guilty Pleas Matter?

Brooks, Thom

Authors

Professor Thom Brooks thom.brooks@durham.ac.uk
Professor

Contributors

Julian V. Roberts
Editor

Jesper Ryberg
Editor

Abstract

Most offenders plead guilty without a trial. Their guilty plea typically earns a reduced punishment. It raises the issue of why should guilty pleas matter. This chapter considers the use of plea bargaining in the United States and guilty plea discounts in England and Wales. While the former is found deeply problematic, a limited defence of the latter is made. Offenders should normally receive discounted punishment and for more than instrumental reasons. However, there must be more robust safeguards in place to ensure greater consistency and fairness for the use of guilty plea reductions to be justified more substantially.

Citation

Brooks, T. (2023). Why Should Guilty Pleas Matter?. In J. V. Roberts, & J. Ryberg (Eds.), Sentencing the Self-Convicted: The Ethics of Pleading Guilty. Hart Publishing

Acceptance Date	Apr 1, 2022
Online Publication Date	Apr 5, 2023
Publication Date	Feb 23, 2023
Deposit Date	Apr 5, 2022
Publisher	Hart Publishing
Book Title	Sentencing the Self-Convicted: The Ethics of Pleading Guilty
Publisher URL	https://www.bloomsbury.com/uk/sentencing-the-selfconvicted-9781509957439/