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.
(Some files may be inaccessible until you login with your Deakin Research Online credentials)
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.
Reproduced with the specific permission of the copyright owner.
Unless expressly stated otherwise, the copyright for items in Deakin Research Online is owned by the author, with all rights reserved.
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 firstname.lastname@example.org.