Sentencing the Self-Convicted

Sentencing the Self-Convicted
Author :
Publisher : Bloomsbury Publishing
Total Pages : 253
Release :
ISBN-10 : 9781509957453
ISBN-13 : 1509957456
Rating : 4/5 (53 Downloads)

Book Synopsis Sentencing the Self-Convicted by : Julian V Roberts

Download or read book Sentencing the Self-Convicted written by Julian V Roberts and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?


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