“The Mechanics Of The Guilty Plea” 1

2021 ◽  
pp. 24-46
Author(s):  
Mikaela Rabinowitz
Keyword(s):  
Guilty Plea

Deciphering the guilty plea: Where research can inform policy.

2018 ◽  
Vol 24 (2) ◽  
pp. 145-146
Author(s):  
Miko M. Wilford ◽  
Allison D. Redlich
Keyword(s):  
Guilty Plea

A Thankfully Wide Sea between England and Apprendi-Land

2020 ◽  
Author(s):  
Thomas Curr
Keyword(s):  
Reasonable Doubt ◽  
State Courts ◽  
Guilty Plea ◽  
Previous Evidence ◽  
The Us ◽  
Before And After ◽  
American Law ◽  
Fact Finding ◽  
Post Trial ◽  
Trial Phase

ABSTRACT This article uses the US Supreme Court’s line of cases beginning with Apprendi v. New Jersey to illuminate territory in which English law, in comparison to American law, is comparatively underdeveloped—currently affording a Newton-style hearing only where a guilty plea obliterates any previous evidence. This need not be so. Both before and after Apprendi, US federal and state courts have implemented post-trial fact-finding procedures for sentencing purposes, and we could do the same. The Davies case, where the requirement of proof beyond a reasonable doubt was imported from the trial phase, into consideration of the statutory starting points for murder sentencing, will, for reasons to be given, be doubted.

scholarly journals Take the plea: the factors that influence innocent individuals to accept plea bargains

2021 ◽  
Author(s):  
Lesley Zannella
Keyword(s):  
Problem Solving ◽  
Plea Bargaining ◽  
Plea Bargain ◽  
Fantasy Proneness ◽  
Wrongful Convictions ◽  
Guilty Plea ◽  
Problem Solving Task

Recently, plea bargaining has emerged as a factor that contributes to wrongful convictions. When a Crown offers a reduced sentence or lesser charge to a defendant in exchange for a guilty plea, there is the potential for innocent defendants to plead guilty. However, little is known about the factors that are influencing innocent defendants to accept plea bargains. The current study aimed to investigate the role of false evidence, risk, and modality on an innocent participant’s likelihood of accepting or rejecting a plea bargain. In a laboratory, innocent participants (N = 174) were accused of collaborating with another participant (confederate) on a problem solving task, and offered a plea bargain. Results showed that when participants were told there was an 80% chance of sanctions if they rejected the plea, they were more likely to admit guilt, and accept the plea. Additionally, participants who were high in compliance, high in fantasy proneness, or were younger, were more likely to accept the plea bargain. Implications of these findings for innocent defendants are discussed.

22. Specific Types of Sentence and the Plea in Mitigation

2021 ◽  
pp. 416-449
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Professional Conduct ◽  
Guilty Plea ◽  
Fixed Length ◽  
Dangerous Offenders ◽  
Conditional Discharge

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.

22. Specific Types of Sentence and the Plea in Mitigation

2019 ◽  
pp. 409-441
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Professional Conduct ◽  
Guilty Plea ◽  
Fixed Length ◽  
Dangerous Offenders ◽  
Conditional Discharge

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.

12. Prosecuting Summary Offences

2019 ◽  
pp. 220-241
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Case Management ◽  
Guilty Plea

A summary trial will be held where a defendant pleads not guilty to a summary-only offence or pleads not guilty to an either-way offence where the magistrates’ court has accepted jurisdiction to try the offence at the allocation hearing and the defendant has consented to summary trial. This chapter deals with the steps in preparing for a summary trial. It considers pleading guilty by post; the circumstances in which a defendant can be summarily tried in her absence; the rules governing the drafting of a written charge/information; the pre-trial disclosure of evidence in a summary case; case management; the steps when preparing for summary trial; and the procedure at a summary trial on a not guilty plea.

Sign in / Sign up

Export Citation Format

Share Document