NCJ Number
132252
Journal
Howard Journal of Criminal Justice Volume: 30 Issue: 3 Dated: (August 1991) Pages: 192-206
Date Published
1991
Length
15 pages
Annotation
Using the South Australian juvenile justice system as a case study, this analysis considers the pressures brought to bear on young defendants to enter a guilty plea. Research conducted in the United States, Britain, and Australia indicates that most adult and juvenile offenders plead guilty, waiving their right to a trial and its procedural protections.
Abstract
Some of the pressures used to encourage guilty pleas are intrinsic to the formal practices and procedures of the criminal justice system, including operation of the discount principle, the practice of pre-trial negotiations, and the admissibility of prior criminal records. Other pressures emerge from the informal interactions and behaviors of courtroom personnel whose work is made easier by guilty pleas. Finally, a general acceptance of the defendant's guilt raises expectations of guilty pleas. There are some benefits to young defendants to pleading guilty such as qualification for panel hearings and withdrawal of charges or substitution of less serious charges. However, if the option to plead guilty becomes too attractive, there is the danger that youthful defendants will find it worth their while to admit guilt to crimes they did not commit. 2 notes and 24 references (Author abstract modified)