Abstract

AbstractThis article assesses the extent to which current guilty plea procedure is consistent with legitimations of criminal convictions, with a focus on decision making in child defendants. I argue that in the context of plea decisions in children, the criminal justice system must ensure that defendants make decisions that result in accurate convictions that are reached in a fair way that respects rights. The current system does not do this due to an almost exclusive focus on autonomy. This focus is likely to be leading to illegitimate convictions, most importantly children pleading guilty when innocent. Drawing on psychological theory, I develop a model of guilty plea decision making and draw on this model to identify relevant vulnerabilities of child defendants. Based on this analysis, I identify ways in which current procedure in England and Wales may be leading to systematic problems with the legitimacy of convictions of children, and suggest reforms to enhance such legitimacy. These reform suggestions focus on England and Wales but have implications for plea systems around the world.

Highlights

  • Many criminal justice systems around the world are heavily reliant on guilty pleas.[1]

  • This article assesses the extent to which current guilty plea procedure is consistent with legitimations of criminal convictions, with a focus on decision making in child defendants

  • I argue that in the context of plea decisions in children, the criminal justice system must ensure that defendants make decisions that result in accurate convictions that are reached in a fair way that respects rights

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Summary

INTRODUCTION

Many criminal justice systems around the world are heavily reliant on guilty pleas.[1]. In the case of child defendants, pleading guilty can result in the imposition of a referral order or a youth rehabilitation order rather than a custodial sentence (typically a detention and training order) In this system, children – whom the law recognizes as being too immature to vote, to drink alcohol, or to gamble – are making complex decisions to incriminate themselves, which may influence the rest of their lives.[10] Despite the importance of these decisions, research in England and Wales has not examined guilty pleas in children (and almost no research in this area has been done outside North America), and no published data provides insight into such pleas.[11] Understanding and monitoring guilty pleas in children is vital, because children have immature cognitive, social, and neurobiological systems that influence their decision making.[12] Psychological research, supported by accumulating plea-specific research in the US context (which involves a different plea system but many of the same underlying psychological constructs), suggests that as a result of these immaturities, children are more susceptible to pressures to plead guilty,[13] and more likely than adults to plead guilty when innocent (meaning when they have not committed the crime to which they are pleading guilty).[14] This finding is supported by a significant body of research across multiple jurisdictions showing that children have a particular.

LEGITIMACY OF CONVICTIONS IN A GUILTY PLEA SYSTEM
A model of guilty plea decision making
Developmental psychology and plea decision making
Difficulties in encoding and retrieving accurate information
Differences in susceptibility to pressure
YOUTH JUSTICE PRACTICE AND PROCEDURE IN ENGLAND AND WALES
Diversion from prosecution
The operation of the plea system
Tailoring sentence reduction guidelines
Removing Goodyear hearings
Reducing time pressure
Support from professionals
Findings
CONCLUSION
Full Text
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