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Date: May 5, 2024 Sun
Time: 4:19 pm
Time: 4:19 pm
Results for guilty pleas (u.k.)
1 results foundAuthor: Dawes, William Title: Attitudes to Guilty Plea Sentence Reductions Summary: This report presents findings from research Ipsos MORI carried out for the Sentencing Council to examine attitudes towards guilty plea sentence reductions. It consisted of a face-to-face quantitative survey with the general public, discussion groups with the general public, interviews with those who had been a victim of crime or who had witnessed a crime and interviews with offenders. Key findings include: The public often perceive sentencing as too lenient. They feel that too often it can work in favour of offenders, rather than providing justice for victims. For the public, sentence lengths given to offenders are an important indicator of justice being served. The public in this research had limited knowledge of the workings of the Criminal Justice System (CJS), especially sentencing, and they reported their views as being highly influenced by the media and word of mouth. Whilst the quantitative survey revealed a degree of familiarity with the principles of guilty plea sentence reductions, qualitative discussions indicated awareness was based on the broad concept of sentences receiving reductions, with participants less certain of the role guilty pleas played in determining sentence outcome. Therefore, the public were generally unaware of the nuances of the guilty plea reductions principle and initially tended to be generally unsupportive of reductions in sentencing for those entering a guilty plea. Those who had a better understanding of the system and how it works were more likely to report confidence in the system and in sentencing policies. As such those who had been a victim or who had witnessed a crime were more likely to be supportive of sentence reductions than a broader general public audience. While the general public’s view of justice being served centred largely on the sentence handed down, victims and witnesses tended to have a more holistic view. They gave consideration to offender circumstances and whether the punishment allowed for rehabilitation and support as well as closure for victims and witnesses. For many, re-offending was a key concern and so there was support for punishments that acted as a deterrent and changed offender behaviour. Indeed, both the general public and victims and witnesses thought that persistent offenders, through their actions, have forfeited their right to a reduction. The public assume that the key motivation for the guilty plea sentence reduction is to reduce resources (time and money), but they prefer the idea of it as something which helps prevent victims having to give evidence and experiencing emotional trauma whilst doing this. There is a strong sense that the drive for cost savings should not impact on a system effectively delivering justice. There is more support for sentence reductions if the guilty plea is entered at an early point. The benefits – both economic and emotional – are more tangible at this point, and both the public and victims and witnesses are less likely to feel that the offender can ‘play the system’. On the other hand offenders say they are less likely to enter an early plea, but prefer to weigh up the evidence against them first. There is generally little support for a reduction for a guilty plea made at the court door or once the trial has started amongst the public and many victims and witnesses, although the small number of victims of more serious offences included in this study often felt that reductions at this stage could be acceptable. There was an indication that the prospect and reality of attending court proved more traumatic for this group, and they therefore may be more open to late reductions. For the general public, there was weak support for higher levels of reductions beyond the current guideline range of up to 33% and a fifth (20%) felt that there should be no reduction at all. Supporting this, when survey respondents were asked whether the reduction should be increased from a third if an offender pleads guilty at the earliest opportunity, 58% disagreed and only 22% agreed. A small number of victims of more serious offences were, however, more supportive if it spared them having to testify in court. The public (and some victims and witnesses) do not like the idea of a universal approach to reductions – in fact, the public in the survey were less likely to say that an offender pleading guilty to an offence should be given a more lenient sentence in most/all cases (21%) and more likely to say it never should result in a more lenient sentence (29%). They instead think that this should depend on certain factors/circumstances relating to the offender or offence type. For instance, views were often much more punitive towards violent crimes as opposed to those against businesses, and likewise towards repeat offenders versus first time offenders. The language and discourse of the reductions did not sit well with people. They were very resistant to the idea of an offender being ‘rewarded’ for admitting they were guilty of an offence; rather they spontaneously suggested that defendants should be further penalised for not admitting guilt if they are subsequently found guilty. Offenders in this study were often unsure what their sentence was likely to be when weighing up how to plead, and felt that decisions on sentence lengths were inconsistent. This made it difficult for them to calculate exactly what the impact of a set reduction to their sentence would be. Offenders also questioned the extent to which reductions for early guilty pleas were actually being applied, with a number feeling that it was very difficult to understand exactly how their final sentence had been determined. However, when probed on the level of reductions, offenders in this study were broadly content with the current discount of a third for an early guilty plea, and felt that without the reduction there was little incentive to admit guilt. The main factor determining whether or not offenders plead guilty was the likelihood of being found guilty at trial. The key ‘tipping point’ here was when offenders realised that the chances of them being found guilty were greater than being found not guilty. Weight of evidence and advice from solicitors/barristers were pivotal in offenders’ assessments of whether they were likely to be found guilty and therefore crucial in determining when a guilty plea was entered. There was little evidence from the research that increasing the reduction further would encourage more offenders to plead guilty at an earlier stage, given the reduction only becomes a driver of entering a guilty plea at such a point that an offender considers a conviction to be the likely outcome. Details: London: Sentencing Council, 2011. 89p. Source: Internet Resource: Sentencing Council Research Series 02/11; Accessed October 19, 2012 at: http://sentencingcouncil.judiciary.gov.uk/docs/Attitudes_to_Guilty_Plea_Sentence_Reductions_(web).pdf Year: 2011 Country: United Kingdom URL: http://sentencingcouncil.judiciary.gov.uk/docs/Attitudes_to_Guilty_Plea_Sentence_Reductions_(web).pdf Shelf Number: 126755 Keywords: Guilty Pleas (U.K.)Public AttitudesPublic OpinionPunishmentSentencing |