NCJ Number
100615
Journal
Australian and New Zealand Journal of Criminology Volume: 18 Issue: 3 Dated: (September 1985) Pages: 131-146
Date Published
1985
Length
16 pages
Annotation
Since a sentencing discount for guilty pleas undermines a number of Australian justice principles, other means should be found to reduce court backlogs.
Abstract
With the exception of South Australia, whose courts have unequivocally permitted sentence discounts of guilty pleas, judicial pronouncements on the effect of a guilty plea (not actuated by remorse) have been unclear and hesitant in Australian jurisdictions. The intent of the sentencing discount for guilty pleas is to provide an incentive for defendants to plead guilty rather than have the courts, which are typically backlogged, administer costly and time-consuming trials. This policy, however, penalizes those pleading not guilty; coerces defendants to plead guilty, including those who may be innocent; undermines the requirement that the state prove guilt beyond a reasonable doubt; and reduces public exposure of the performance of criminal justice personnel. It also nurtures sentencing disparity based on administrative considerations. Given these discounts for guilty pleas, other means should be tried to reduce court delays and backlogs. 61 notes.