Intersections Between In-Court Procedures and the Production of Guilty Pleas

Abstract

In Australia (as elsewhere) most criminal defendants plead guilty and do not contest the charges at trial. Our research suggests that guilty pleas can result from an intersectional process, in which in-court events interact with out-of-court activities and discussions. This article draws on an observational study of criminal matters in Australian lower courts. It examines the early stages of in-court proceedings, in particular the ways in which the judicial officer's — here the magistrate — decisions about adjournments, contribute to and are driven by the guilty plea production process.While Australian magistrates and judges have no direct role in or even knowledge of the substance of plea or charge bargaining, they can influence the circumstances for a prompt guilty plea.

Factors Contributing to Guilty Plea Wrongful Convictions: A Quantitative Analysis of Australian Appellate Court Judgments

“…While this may hinder their ability to ensure guilty pleas are appropriately entered, the findings from this study also suggest that it may encourage judges to influence a defendant’s decision to plead guilty. Previous Australian research has found that magistrates used a variety of strategies to encourage guilty pleas that maintained an image of judicial neutrality (Roach Anleu & Mack, 2009). Similar findings were observed here, where judges influenced the decision to plead guilty by commenting on the strength of the case, encouraging the defendant to change their plea of not guilty during a court hearing, or by suggesting the defendant will avoid being held in pretrial detention.…”

Studying Unrepresented Defendants in the Lower Criminal Courts

“…23-29;Natapoff, 2018). Finally, some of the most critical yet understudied legal questions involving defendant decision-making require grueling observational and interview research (Anleu & Mack, 2009;Clair, 2020;Smith & Maddan, 2011;van Cleve, 2016). Legal methodology and design matters further complicate studying these research gaps to understand rights assertion (Smith, 2019(Smith, , 2023.…”