Guilty pleas in children
Legitimacy, vulnerability, and the need for increased protection
Bibliographic Data
| ID | 11449243 |
|---|---|
| Authors | Rebecca K Helm (0000-0003-1429-3847, Law School University of Exeter, Amory Building Rennes Drive Exeter EX4 4RJ England, corresponding author) |
| Year | 2021 |
| Volume | 48 |
| Issue | 2 |
| Pages | 179-201 |
| Publication date | 2021-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 0263-323X • E-ISSN: 1467-6478 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/jols.12289 |
| OpenAlex | W3157682335 |
| Language | EN |
| Citations received | 1 |
| References cited | 11 |
This article assesses the extent to which current guilty plea procedure is consistent with legitimations of criminal convictions, with a focus on decision making in child defendants. I argue that in the context of plea decisions in children, the criminal justice system must ensure that defendants make decisions that result in accurate convictions that are reached in a fair way that respects rights. The current system does not do this due to an almost exclusive focus on autonomy. This focus is likely to be leading to illegitimate convictions, most importantly children pleading guilty when innocent. Drawing on psychological theory, I develop a model of guilty plea decision making and draw on this model to identify relevant vulnerabilities of child defendants. Based on this analysis, I identify ways in which current procedure in England and Wales may be leading to systematic problems with the legitimacy of convictions of children, and suggest reforms to enhance such legitimacy. These reform suggestions focus on England and Wales but have implications for plea systems around the world
Autonomy · Context (archaeology · Criminal justice · Criminology · Legitimacy · Plea · Pleading · Political science · Politics · Sociology · Criminal Justice and Corrections Analysis · Deception detection and forensic psychology · Law · Psychology · Torture, Ethics, and Law
Police-induced confessions
The crisis in legally aided criminal defence in Wales
Police-induced confessions, 2.0
How do adolescents see their future? A review of the development of future orientation and planning
Dual processes in decision making and developmental neuroscience
A social neuroscience perspective on adolescent risk-taking
Freedom now or a future later
Reflections of the self
An Explicit Test of Plea Bargaining in the “Shadow of the Trial”
Theorising Children's Rights in Youth Justice
Logical but incompetent plea decisions
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2024 - 2024 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 1 |