The guilty plea discount: does pragmatism win over proportionality and principle?
Article
Article Title | The guilty plea discount: does pragmatism win over proportionality and principle? |
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ERA Journal ID | 36801 |
Article Category | Article |
Authors | |
Author | Mackenzie, Geraldine |
Journal Title | Southern Cross University Law Review |
Journal Citation | 11, pp. 205-223 |
Number of Pages | 19 |
Year | 2007 |
Place of Publication | Lismore, Australia |
ISSN | 1329-3737 |
Web Address (URL) | http://www.scu.edu.au/schools/law/index.php/9/ |
Abstract | A discount in sentencing quantum is rroutinely provided to defendants who plead guilty to offences. This article examines the reasons for such a discount, and argues that there is little appropriate justification; and further that it creates, in effect, a penalty for defendants who exercise their right to trial. It is further argued that the existence of such a discount can provide an inappropriate incentive to enter a guilty plea for defendants who may otherwise have had a valid reason for exercising their right to trial. |
Keywords | sentencing; plea discount |
ANZSRC Field of Research 2020 | 500105. Legal ethics |
440299. Criminology not elsewhere classified | |
440203. Courts and sentencing | |
Public Notes | Copyright of articles is retained by the contributors. |
Byline Affiliations | School of Law |
https://research.usq.edu.au/item/9yq08/the-guilty-plea-discount-does-pragmatism-win-over-proportionality-and-principle
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