Judges, Judging and Humour 2018
DOI: 10.1007/978-3-319-76738-3_5
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Judicial Humour and Inter-Professional Relations in the Courtroom

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Cited by 5 publications
(2 citation statements)
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“…Consistent with prior Australian research (Flynn and Freiberg, 2018a; Roach Anleu and Mack, 2001), the legal participants outlined several features of the legal system that can pressure defendants into a guilty plea. This included the certainty of a lesser punishment, particularly if it would allow defendants to avoid imprisonment, lengthy pretrial detention, the financial costs involved in going to trial, as well as the emotional toll involved.…”
Section: Resultsmentioning
confidence: 75%
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“…Consistent with prior Australian research (Flynn and Freiberg, 2018a; Roach Anleu and Mack, 2001), the legal participants outlined several features of the legal system that can pressure defendants into a guilty plea. This included the certainty of a lesser punishment, particularly if it would allow defendants to avoid imprisonment, lengthy pretrial detention, the financial costs involved in going to trial, as well as the emotional toll involved.…”
Section: Resultsmentioning
confidence: 75%
“…These sentiments align with Cheng's (2014) research in Hong Kong, where lawyers distanced themselves from any potential allegations of pressuring clients into a guilty plea by emphasizing their role as advisors and acting on instructions. In Australia, Roach Anleu and Mack (2001: 166) have also argued that an assertion of choice and defendant autonomy can “absolve the defence lawyer from taking direct responsibility for the defendant's decision to plead guilty.” For instance, Legal Aid D insisted that defendants voluntarily plead guilty despite viewing it as their “only real choice,” signaling a disconnect between what legal actors and accused persons perceive as a free decision:I’ve never forced a client to plead guilty … if I’ve ever asked a client, ‘what do you want to do?,’ and they say, ‘well, I have no choice,’ … nine times out of ten they’ll turn … around and say, ‘oh, yeah, sorry, I know I do, but really, considering all the circumstances, in my mind, I don’t think I have a choice. You know, the only real choice is this.’ (Legal Aid D)…”
Section: Resultsmentioning
confidence: 99%