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.
Faculty/School / Institute/Centre:	Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Faculty/School / Institute/Centre:	Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Date Deposited:	06 Mar 2008 07:08
Last Modified:	05 Sep 2013 02:43
Uncontrolled Keywords:	sentencing; plea discount
Fields of Research (2008):	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
Fields of Research (2020):	50 PHILOSOPHY AND RELIGIOUS STUDIES > 5001 Applied ethics > 500105 Legal ethics 44 HUMAN SOCIETY > 4402 Criminology > 440299 Criminology not elsewhere classified 44 HUMAN SOCIETY > 4402 Criminology > 440203 Courts and sentencing
Socio-Economic Objectives (2008):	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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