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1 results

  • 3 - Implicit (and Explicit) Plea Bargaining

  • Kevin Cheng, The Chinese University of Hong Kong
  • Book:
    The Timing of Guilty Pleas
    Published online:
    22 December 2022
    Print publication:
    05 January 2023, pp 47-68

  • Summary

    Chapters 1 and 2 looked at how the official discourse is based on tactical defendants ‘playing the system’ and the justification for sentence discounts corresponding to the timing of guilty pleas is utilitarian benefits to the criminal justice system. This chapter offers an alternative perspective. First it argues that sentence discount for guilty pleas is a form of implicit plea bargaining despite the avoidance to officially recognise the practice of plea bargaining in different jurisdictions. Moreover, operating in tandem with advanced sentence indications and other stages of the criminal process, sentence discounts for guilty pleas arguably serve as pressure for defendants to plead guilty.