Sentencing the Self-Convicted - The Ethics of Pleading Guilty (Hardcover)

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?

General

Imprint:	Hart Publishing
Country of origin:	United Kingdom
Release date:	February 2023
Editors:	Julian V. Roberts • Jesper Ryberg
Dimensions:	234 x 156mm (L x W)
Format:	Hardcover
Pages:	256
ISBN-13:	978-1-5099-5743-9
Categories:	Books > Law > Jurisprudence & general issues > Comparative law Books > Law > Laws of other jurisdictions & general law > Criminal law Books > Social sciences > Sociology, social studies > Crime & criminology > General Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General
LSN:	1-5099-5743-X
Barcode:	9781509957439

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