Sentencing the self-convicted : the ethics of pleading guilty
Author(s)
Bibliographic Information
Sentencing the self-convicted : the ethics of pleading guilty
Hart, 2023
- HB
Available at 1 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
includes bibliographical references and index
Description and Table of Contents
Description
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?
Table of Contents
1. The Ethics of Pleading Guilty and the State Response to Self-convicting Offenders
Julian V Roberts (University of Oxford, UK) and Jesper Ryberg (Roskilde University, Denmark)
2. When Should We Plead Guilty?
RA Duff (University of Stirling, UK)
3. Guilty Plea, Sentencing Discounts and Retributivism
Jesper Ryberg (Roskilde University, Denmark)
4. Guilty Pleas, Sentencing Reductions, and Non-punishment of the Innocent
Zachary Hoskins (University of Nottingham, UK)
5. Rewarding Virtue: An Ethical Defence of Plea-based Sentence Reductions
Julian V Roberts (University of Oxford, UK) and Netanel Dagan (Hebrew University, Israel)
6. The Limited Moral Relevance of Pleas and Verdicts
Adam Kolber (Brooklyn Law School, USA)
7. The Guilty Plea and Self-Respect
Gabrielle Watson (University of Oxford, UK)
8. Why Should Guilty Pleas Matter?
Thom Brooks (Durham University, UK)
9. Victim-related Assumptions Underlying Plea-based Sentence Reductions: A Communicative and Experiential Framework
Marie Manikis (McGill University, Canada)
10. Plea-Based Sentence Reductions: Legal Assumptions and Empirical Realities
Rebecca Helm (University of Exeter, UK)
11. Plea Negotiations and Mitigation
Mike Hough (Birkbeck, University of London, UK) and Jessica Jacobson (Birkbeck, University of London, UK)
12. Guilty Pleas, Fools' Bargains and Wonderful Justice
Leo Zaibert (Union College, USA)
by "Nielsen BookData"