Sentencing the Self-Convicted: The Ethics of Pleading Guilty
Sentencing the Self-Convicted: The Ethics of Pleading Guilty
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?
This item is not currently in-stock. It can be ordered online and is expected to ship in 3-5 days
Our stock data is updated periodically, and availability may change throughout the day for in-demand items. Please call the relevant shop for the most current stock information. Prices are subject to change without notice.
Sign in or become a Readings Member to add this title to a wishlist.