Discounts Where There Is a Guilty Plea - Essay Example

Download file to see previous pages It is typically argued that it is the defendant’s conduct at the time of the offense that should influence the sentence he or she receives. Other arguments against sentencing discounts include the dangers of innocent defendants pleading guilty out of fear that he or they might be convicted at trial and receive the maximum penalty. It has also been argued, that the practice of permitting a reduced sentence in exchange for a guilty plea is an inducement that is essentially a violation of procedural justice.

This paper provides a critical analysis of arguments for and against sentencing discounts in exchange for a guilty plea. After weighing both sides of the argument, this research study agrees that the practice of awarding a reduction in sentencing when a defendant enters a guilty plea should be retained. This paper is divided into three parts. The first part of this paper provides an overview of the practice of sentencing discounting when a defendant pleads guilty. The second part of this paper examines the arguments in favor of sentencing discounts where a defendant pleads guilty and the final part of this paper examines the arguments against this practice.

Overview: Sentence Reductions in Exchange for a Guilty Plea
Leverick defines sentence discounting as:

...the practice whereby, in the event of a guilty plea, an offender receives a lesser sentence than he or she would otherwise have done.
Sentence discounting practices differ from one jurisdiction to another. However, a common theme in practice is the fact that a number of factors influence the magnitude of the discount. Some of the most common factors are the time when the guilty plea is entered and the “extent to which the plea spared vulnerable witnesses” and the necessity of having to testify.

In England and Wales, defendants who plead guilty early on can expect a sentence discount of up to 30 percent. However, defendants who plead guilty at the start of the trial can expect to receive a smaller discount. The usual discount for a guilty plea at the beginning of a trial is no more than 10 percent. It would therefore appear that the sentencing discounts practice operates as a reward for pleading guilty and foregoing formal adjudication. Although no actual negotiation of the sentence is conducted with the judge, the defendant essentially foregoes the right to formal adjudication in exchange for a reduced sentence.
Sentencing discounts are not automatic, however. ...Download file to see next pages Read More