Pressures to Plead Guilty: Factors Affecting Plea Decisions in Hong Kong's Magistrates' Courts

Abstract

Guilty pleas are the primary mode of case dispositions in the common law world, and its propensity is seen to undermine due process principles. Hong Kong for many remains a steadfast protector of due process despite its handover back to China. The written law in Hong Kong, while emphasizing the importance of ensuring defendants make their plea decisions free from any improper pressure, neglects the intrinsic pressures brought upon by having to go through the criminal justice process. Results from courtroom observations in two Hong Kong magistrates’ courts indicate that defendants who made an admission, represented themselves and were denied bail were more likely to plead guilty. Overall, defendants plead guilty to terminate as quickly as possible the ‘punishment’ of being caught up in the criminal justice system.