NCJ Number
30301
Journal
Criminal Law Review Volume: 1971 Issue: 3 Dated: (AUGUST 1971) Pages: 470-475
Date Published
1971
Length
6 pages
Annotation
FROM AN EXAMINATION OF 112 BRITISH CASES IN WHICH THE DEFENDANTS CHANGED THEIR PLEAS FROM NOT GUILTY TO GUILTY IN A PLEA BARGAINING SITUATION, THE AUTHOR DRAWS SEVERAL CONCLUSIONS ON THE NATURE OF PLEA BARGAINING IN BRITAIN.
Abstract
THE AUTHOR STATES THAT THERE WAS NO EVIDENCE THAT THE POLICE BEHAVED OPPRESSIVELY IN ORDER TO INDUCE A DEFENDANT TO CHANGE HIS PLEA. IT IS ALSO ASSERTED THAT THERE IS NO EVIDENCE THAT THE ENGLISH PLEA BARGAINING SYSTEM OPERATES TO DENY THE DEFENDANT HIS RIGHT TO 'PUT THE PROSECUTION TO ITS PROOF'. SOME JUSTIFICATION WAS FOUND FOR THE OBJECTION THAT THE DEFENDANT IS NOT ALLOWED ENOUGH TIME FOR DUE CONSIDERATION OF ALL ASPECTS OF THE NEGOTIATION. FINALLY, THE AUTHOR STRESSES THAT THE UNITED STATES PLEA BARGAINING PROCESS DIFFERS SIGNIFICANTLY FROM THE BRITISH PROCESS, AND ARGUES THAT THE BRITISH PROCESS EASES THE ADMINISTRATION OF JUSTICE WITHOUT PREJUDICING THE RIGHTS OF THE INNOCENT OR CAUSING INJUSTICE TO THE GUILTY. (AUTHOR ABSTRACT MODIFIED)