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

<p>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. </p><p>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. </p><p>The book provides insightful commentary on the following questions: <br>- If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication?<br>- Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? <br>- If it is acceptable, what is the appropriate State response to such offenders?<br>- 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?</p>

• Sentencing the Self-Convicted: The Ethics of Pleading Guilty, (Hardcover)
• Author: Hart Publishing
• ISBN: 9781509957439
• Format: Hardcover
• Publication Date: 2023-02-23
• Page Count: 256