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Plea bargains, guilty pleas and the consequences for appeal in England and Wales
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Horne, Juliet (2013) Plea bargains, guilty pleas and the consequences for appeal in England and Wales. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2013/10).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=2286681
Abstract
The vast majority of defendants in England & Wales are convicted by way of guilty plea. The criminal justice system provides significant incentives for defendants to plead guilty, which give rise to a risk that defendants who are innocent may be pressurised into pleading guilty. As a consequence, it is important that the criminal justice system provides an effective appeal mechanism that seeks to detect and remedy wrongful convictions through guilty pleas. This paper argues that, unfortunately, consideration of the current appeal provision and the approach of the Court of Appeal to guilty pleas reveals that this is unlikely to happen. Further, it is argued that a contributory factor in this failure to address the risk of wrongful conviction by way of guilty plea is the contradiction and lack of clarity in the meaning attributed to the guilty plea at different stages within the criminal justice process.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 28 June 2013 | ||||
Dates: |
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Number: | Number 2013/10 | ||||
Number of Pages: | 12 | ||||
Institution: | University of Warwick | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
Open Access Version: |
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