The mischief of plea bargaining and sentencing rewards. Arguments for and against a reduction in sentence for a guilty plea

Academic Paper from the year 2012 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 2.1, City University London (The City law School), course: LLM Criminal Litigation, language: English, abstract: This essay will begin by critically examining the arguments both for and against the discount. In first considering the arguments in favour of the reduction it shall clearly set out the reasons in support of this and shall include an examination into the commentary from a range of different theorists, some of which are against the reduction and who criticise these arguments in favour. This critic will acknowledge these viewpoints and shall respond with reasoning to suggest that the arguments against the discount cannot stand. Thereafter it shall go on to evaluate the arguments not in favour of the discount and this will include a counter response, first in acknowledging the points raised, before then going on to examine what aspect of these arguments are taken issue with. After critically examining and evaluating the arguments for and against the discount the essay shall then go on to consider the potential solutions to dealing with a number of concerns the reduction presents and whether they are likely to work. The evaluation of these solutions shall then go on to consider the recommendation and will involve a presentation of discussion around the reforms that are intended to rectify the concerns. In English law a sentencing discount is awarded to the accused if they plead guilty to the crime they are charged with. The current award of around one third distinguishes those who admit to being in the wrong from those who continually deny their flaws.

Biography Name and credentials: James Michael Corbett, LLB, PGC, GFTD, GCILEx Previous degrees: Professional Graduate Fast Track Diploma in Legal Practice (GFTD), University of Westminster, 2017 PGC Postgraduate Certificate in Criminal Litigation, The City Law School, 2012 LLB Bachelor of Laws (Degree), London South Bank University, 2011 Area of specialism: Crime and litigation Experience: James has recently completed a Professional Graduate Diploma in Legal Practice (GFTD) which is equivalent to the LPC (Legal Practice Course). He is a member of the (Chartered Institute of Legal Executives) CILEx and has attained Graduate membership of the institution. He first became interested in law and politics from an early age and after talking to a local solicitor at a School careers fair he came away more determined than ever to pursue his interest in Law. James pursued his academic studies in Law at London South Bank University and in his second year handled a mock case which gave him experience of interviewing clients and assisting them with legal problems, such as claims in damages for personal injury. In his final year he wrote a law project based on the defense of provocation. He gained a detailed understanding of Law and legal analysis from his degree. He then went on to attend the City Law School where he specialised in criminal litigation and has acquired practical knowledge and experience of the criminal justice system. During his time at Law school he developed a clear understanding of the Criminal sector as well as an awareness of future developments in this field. He participated in trial observations and acquired practical experience and an in depth awareness of the criminal bar. He attended a trial at the local Crown Court where he was particularly intrigued by the interplay between the judge and the advocates. James has combined academic study with part time paid employment and has practiced as a professional McKenzie Friend and has experience in handling clients and assisting those who are unrepresented in court. He keeps up to date with business and legal issues by reading the Financial Times, law magazine, journals, including The Lawyer and Legal Week. Professional membership: GCILEx professional at the Chartered Institute of legal Executives (CILEx) 2015 - Present Future ambitions: James's long term ambition is to pursue a Doctorate (Doctor of Philosophy) and become a doctor of Law with an emphasis into teaching Law.