‘Through the back door'

Efficiency Over Accuracy?: Exploring Front-Line Practitioners’ Experiences and Opinions on the “Guilty Plea System”

“…This is particularly relevant when examining guilty plea convictions, as they are recognized as a vital contribution to the efficient operation of an underresourced system (Ward, 2016). Indeed, due to growing austerity measures and cuts to public spending, common law jurisdictions have seen a rise in managerialism, where values such as efficiency, timeliness, and economy have arguably become the primary objectives for criminal justice systems (Flynn and Freiberg, 2018b; Freiberg, 2005; Hodgson, 2020; Johnston and Pivaty, 2023; MacFarlane and Stratton, 2016). Managerialism refers to the adoption of practices and values derived from the private sector that emphasize productivity, cost-effectiveness, and quantitative performance indicators, wherein the efficient use of resources is viewed as a key measure of success (Freiberg, 2005; Johnston and Pivaty, 2023).…”

“…Indeed, due to growing austerity measures and cuts to public spending, common law jurisdictions have seen a rise in managerialism, where values such as efficiency, timeliness, and economy have arguably become the primary objectives for criminal justice systems (Flynn and Freiberg, 2018b; Freiberg, 2005; Hodgson, 2020; Johnston and Pivaty, 2023; MacFarlane and Stratton, 2016). Managerialism refers to the adoption of practices and values derived from the private sector that emphasize productivity, cost-effectiveness, and quantitative performance indicators, wherein the efficient use of resources is viewed as a key measure of success (Freiberg, 2005; Johnston and Pivaty, 2023). Within criminal justice, this has seen a push toward efficient and cost-effective methods of processing a large volume of criminal matters, reflecting a move away from an adversarial system of justice to a more administrative approach (Freiberg, 2005; Hodgson, 2020; Johnston, 2020; McEwan, 2011).…”

“…Within criminal justice, this has seen a push toward efficient and cost-effective methods of processing a large volume of criminal matters, reflecting a move away from an adversarial system of justice to a more administrative approach (Freiberg, 2005; Hodgson, 2020; Johnston, 2020; McEwan, 2011). However, numerous scholars have argued that the pursuit of efficiency can come into direct conflict with the values of due process, potentially increasing the risk of miscarriages of justice, as the latter often demands significant time and financial investments (Johnston and Pivaty, 2023; McEwan, 2011; MacFarlane and Stratton, 2016; Yates, 2022). This tension is reflected in Packer's (1964) competing models of criminal justice, in which he contrasted the criminal justice system as an “assembly line” that seeks swift and predictable outcomes to an “obstacle course” that prioritizes individuals’ rights and procedural safeguards.…”

“…The expanding emphasis on efficiency also has implications for the role and mindset of legal professionals within the justice system, as they can be “co-opted into the managerialist objectives of the criminal process” (Hodgson, 2020: 54; Johnston and Pivaty, 2023). In the United Kingdom, scholars argue that managerialism has transformed the adversarial nature of the criminal justice process into a model that relies on party cooperation, where legal professionals can be under pressure to serve the wider interests and objectives of the criminal justice system (Johnston, 2020; Johnston and Smith, 2023; Welsh, 2023). This can create incentives to resolve cases through guilty pleas to quickly dispose of criminal matters, as defense lawyers, prosecutors, and judges can all have an implicit interest in expediting cases without thoroughly examining the basis of a guilty plea (Roach, 2021).…”