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Why Should Guilty Pleas Matter?

Brooks, Thom (2023) 'Why Should Guilty Pleas Matter?', in Pleading Guilty: Ethical Perspectives on Sentencing the Self-Convicted. .


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.

Item Type:Book chapter
Full text:Publisher-imposed embargo
(AM) Accepted Manuscript
File format - PDF
Publisher Web site:UNSPECIFIED
Date accepted:01 April 2022
Date deposited:07 April 2022
Date of first online publication:05 April 2023
Date first made open access:No date available

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