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The Timing of Guilty Pleas

Lessons from Common Law Jurisdictions

Kevin Cheng author

Format:Hardback

Publisher:Cambridge University Press

Published:5th Jan '23

Currently unavailable, and unfortunately no date known when it will be back

The Timing of Guilty Pleas cover

A detailed study of the importance of the timing of guilty pleas and its effects across different legal jurisdictions.

This provocative book encourages readers to critically reflect on the reliance of the criminal process on early guilty pleas. This book is addressed to scholars, legal practitioners, policymakers and those interested in criminal justice, socio-legal studies and empirical legal research.While guilty pleas are the primary mode of criminal case dispositions across different legal jurisdictions, this topic remains an understudied area. The assumption is that defendants are 'playing the system' and that a sliding scale of sentence discounts is necessary to encourage early guilty pleas, which offer utilitarian benefits of efficiency. These assumptions lack a solid empirical foundation. This book offers a comprehensive investigation of how the timing of guilty pleas affects various facets of the criminal process, from the factors that affect this timing, to the effects that the sliding scale of sentence discounts have on sentences and public opinions about them. It also draws comparisons between Western and Asian legal systems, specifically those of England and Wales and Hong Kong. This book is addressed to scholars, legal practitioners, policymakers and those interested in criminal justice, socio-legal studies and empirical legal research.

'Almost all jurisdictions impose more lenient sentences on defendants who plead guilty. This volume provides a thoughtful analysis of plea-based sentencing discounts. Drawing on new secondary research, the author explores the issue in Hong Kong and elsewhere. He raises important questions about current practice and the volume will interest readers in all common law jurisdictions.' Julian Roberts, Professor of Criminology, University of Oxford and Executive Director, Sentencing Academy, London
'Although the focus of research attention for over half a century and recognised as a global phenomenon, relatively little has been written about Hong Kong practices until now. Using empirical evidence, Cheng presents powerful arguments around the timing of guilty pleas and the impact of pre-trial processes on sentencing outcomes.' Jacqueline Hodgson, Professor of Law and Deputy Pro Vice Chancellor (Research), University of Warwick
'The Timing of Guilty Pleas represents an outstanding contribution to the international literature not only on guilty pleas, plea bargaining but on criminal justice process more generally. Clearly structured with a thought-provoking and critical edge, it offers invaluable knowledge and guidance to scholars, students, as well as policy officials and practitioners across the world.' Cyrus Tata, Ph.D., FRSA, Professor of Law and Criminal Justice, University of Strathclyde, Scotland
'A timely, compelling, and richly sourced scrutiny of this salient issue.' Enshen Li, Asian Journal of Comparative Law

ISBN: 9781009158602

Dimensions: 235mm x 158mm x 18mm

Weight: 490g

210 pages