The guilty plea discount: does pragmatism win over proportionality and principle?

Mackenzie, Geraldine (2007) The guilty plea discount: does pragmatism win over proportionality and principle? Southern Cross University Law Review, 11. pp. 205-223. ISSN 1329-3737

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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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Copyright of articles is retained by the contributors.
Depositing User: Ms Heidi Davie
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 06 Mar 2008 07:08
Last Modified: 05 Sep 2013 02:43
Uncontrolled Keywords: sentencing; plea discount
Fields of Research (FOR2008): 22 Philosophy and Religious Studies > 2201 Applied Ethics > 220105 Legal Ethics
16 Studies in Human Society > 1602 Criminology > 160299 Criminology not elsewhere classified
16 Studies in Human Society > 1602 Criminology > 160203 Courts and Sentencing
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/3979

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