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?>

Product details

• Authors: Julian V Roberts, Jesper Ryberg
• Assisted by: Julian V Roberts (Editor), Julian V. Roberts (Editor), Jesper Ryberg (Editor), Ryberg Jesper (Editor)
• Publisher: Hart Publishing
• Languages: English
• Product format: Paperback / Softback
• Released: 22.08.2024
• EAN: 9781509957477
• ISBN: 978-1-5099-5747-7
• No. of pages: 256
• Dimensions: 154 mm x 234 mm x 20 mm
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Criminal Law / General, SOCIAL SCIENCE / Criminology, LAW / Comparative, LAW / Criminal Law / Sentencing, comparative law, Legal aspects of criminology, Sentencing & punishment, Sentencing and punishment, Criminal justice law, Criminology: legal aspects