Literary concepts and the plea in mitigation

Edney, Richard 2004, Literary concepts and the plea in mitigation, Deakin law review, vol. 9, no. 1, pp. 183-195.

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Title Literary concepts and the plea in mitigation
Author(s) Edney, Richard
Journal name Deakin law review
Volume number 9
Issue number 1
Start page 183
End page 195
Publisher Deakin University
Place of publication Burwood, Vic.
Publication date 2004
ISSN 1321-3660
Keyword(s) Extenuating circumstances
criminal justice, administration of
criminal justice personnel
plea bargaining
judicial ethics
criminals
Summary The article focuses on the plea in mitigation, one of the most common occurrences in the criminal justice system. Methods of approaching the plea in mitigation typically emphasize the need for the advocate to address the circumstances of the offence and offender. Typically, such matters are put forward as items on a list which the advocate must ensure are addressed during the plea in mitigation. Whilst it is important for those matters to be covered in providing the factual background, or context, of the offender and the offence, it is contended that in a plea in mitigation it is not sufficient nor adequate to simply present such matters to a judicial officer at sentencing and to allow those matters then to be assembled and interpreted by the sentencing judge.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30002824

Document type: Journal Article
Collection: School of Law
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