Sentencing the Self-Convicted

This book addresses the fundamental ethical and legal aspects penal consequences and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short post-adjudication rather than issues arising from discussions in the pretrial phase of the criminal process.<br/> <br/>The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt and in open court. Plea-based sentencing has become even more visible in recent years.<br/><br/>The book provides insightful commentary on the following questions: <br/>- If an individual voluntarily accepts guilt should the State receive this plea without further investigation or any disinterested adjudication?<br/>- Is it ethically acceptable to allow suspects and defendants to self-convict in this manner without independent confirmation and evidence to support a conviction? <br/>- If it is acceptable what is the appropriate State response to such offenders?<br/>- If the defendant is detained pretrial the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing resulting in wrongful convictions?