The Arguments For and Against Giving Sentencing Discounts Where There Essay

The Arguments For and Against Giving Sentencing Discounts Where There is a Guilty Plea - Essay Example Other arguments against sentencing discounts include the dangers of innocent defendant’s pleading guilty out of fear that he or she might be convicted at trial and receive the maximum penalty. It has also been argued, that the practice of permitting a reduced sentence in exchange for a guilty plea is an inducement which is essentially a violation of procedural justice. 4 This paper provides a critical analysis of arguments for and against sentencing discounts in exchange for a guilty plea. After weighing both sides of the argument, this research study agrees that the practice of awarding a reduction in sentencing when a defendant enters a guilty plea should be retained. This paper is divided into three parts. The first part of this paper provides an overview of the practice of sentencing discounting when a defendant pleads guilty. ... However, a common theme in practice is the fact that a number of factors influence the magnitude of the discount. Some of the most common factors is the time when the guilty plea is entered and the â€Å"extent to which the plea spared vulnerable witnesses† the necessity of having to testify. 6 In England and Wales, defendants who plead guilty early on can expect a sentence discount of up to 30 per cent. However, defendants who plead guilty at the start of the trial can expect to receive a smaller discount. The usual discount for a guilty plea at the beginning of a trial is no more than 10 per cent.7 It would therefore appear that the sentencing discounts practice operates as a reward for pleading guilty and foregoing formal adjudication. Although no actual negotiation of sentence is conducted with the judge, the defendant essentially foregoes the right to a formal adjudication in exchange for a reduced sentence.8 Sentencing discounts are not automatic however. For instance in Landy, the Court of Appeal held that a sentence discount is not guaranteed where a defendant who pleads guilty has been â€Å"caught red-handed† or the evidence against the defendant is overwhelming.9 However, the Court of Appeals ruling appears to contradict the main premise for awarding a discount in exchange for a guilty plea: the efficient administration of justice as it allows the courts to dispense with a case more quickly and turn its attention to other cases.10 Regardless of whether a defendant is caught red-handed or not or the evidence against him or her is overwhelming, the defendant is entitled to a trial. By pleading guilty, the defendant is waiving his/her right to a fair trial and is freeing the court’s calendar