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The solution to the dilemma presented by the guilty plea discount : the qualified guilty plea - I'm pleading guilty only because of the discount..."

Bagaric, Mirko and Brebner, Julie 2002, The solution to the dilemma presented by the guilty plea discount : the qualified guilty plea - I'm pleading guilty only because of the discount...", International journal of the sociology of law, vol. 30, no. 1, pp. 51-74.

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Title The solution to the dilemma presented by the guilty plea discount : the qualified guilty plea - I'm pleading guilty only because of the discount..."
Formatted title Solution to the dilemma presented by the guilty plea discount : the qualified guilty plea - 'I'm pleading guilty only because of the discount...'
Author(s) Bagaric, Mirko
Brebner, Julie
Journal name International journal of the sociology of law
Volume number 30
Issue number 1
Start page 51
End page 74
Publisher Academic Press
Place of publication London, England
Publication date 2002-03
ISSN 0194-6595
1095-9262
Summary The guilty plea sentencing discount is arguably a triumph of expediency over principle. Strong utilitarian reasons favour providing less severe sentences to defendants who plead guilty. However, an unsavoury by-product of the guilty plea discount is that some innocent people are pressured into pleading guilty. This article suggests that a possible solution to the problems caused by the discount is to permit defendants to enter a ‘qualified guilty plea’. While formally amounting to a guilty of plea, the defendant would be permitted to advance submissions consistent with innocence as part of the plea in mitigation. If the sentencer is persuaded that the defendant had a tenable chance of an acquittal a penalty discount in excess of that available for merely pleading guilty would be conferred.

Notes Reproduced with the specific permission of the copyright owner.
Language eng
Field of Research 180110 Criminal Law and Procedure
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2002, Elsevier Science Ltd.
Persistent URL http://hdl.handle.net/10536/DRO/DU:30001502

Document type: Journal Article
Collections: School of Law
Higher Education Research Group
Open Access Collection
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.