The Practice and Justifications of Plea Bargaining by Hong Kong Criminal Defence Lawyers
Bibliographic Data
| ID | 4863311 |
|---|---|
| Authors | Kevin Kwok-Yin Cheng (0009-0004-3850-8480), Kevin Kwok‐yin Cheng (0000-0002-9219-1048, corresponding author) |
| Year | 2014 |
| Volume | 1 |
| Issue | 2 |
| Pages | 395-412 |
| Publication date | 2014-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 2052-9015 • E-ISSN: 2052-9023 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/als.2014.11 |
| OpenAlex | W2144872585 |
| Language | EN |
| Citations received | 5 |
| References cited | 29 |
Unlike Western common-law jurisdictions where plea bargaining has been acknowledged, official discourse in Hong Kong denies the existence of plea bargaining. However, defence lawyers are staunch supporters of its use behind the scenes. Using in-depth, semi-structured interviews with Hong Kong criminal defence lawyers, it was found that lawyers' justifications are based on four main grounds: it is non-coercive because the final decision is left to the accused; negotiations avoid the risks of trials; plea bargaining is a practical solution that is in the best interests of the client and the state; and the courts implicitly tolerate the practice. The findings can be explained by Eisenstein and Jacob's (1991) courtroom workgroup model. The present study seeks to bridge the gap in the literature where plea bargaining has only been discussed predominately in the context of Western common-law jurisdictions
Ambivalence · Context (archaeology · Criminal law · Criminal procedure · Negotiation · Plea · Political science · Sociology · State (computer science · Workgroup · Criminal Justice and Corrections Analysis · Criminal Law and Evidence · Judicial and Constitutional Studies · Psychology · History · Law · Social Psychology
Plea Bargaining outside the Shadow of Trial
The Prosecutor's Role in Plea Bargaining
Gauging the Strength of Evidence Prior to Plea Bargaining
Plea Bargainings
The Justifications of ‘Justice’
Remand for Plea. Bail Decisions and Plea Bargaining as Commensurate Decisions
Pressures to Plead Guilty
A Note on Plea Bargaining and Case Pressure
Plea Bargaining as Contract
Accounts
Understanding the Short History of Plea Bargaining
Trial by Plea Bargain
The Practice of Law as Confidence Game Organizational Cooptation of a Profession
The Mark of an Ex-Prisoner
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,42 |
| Citation span | 2014 - 2023 (10) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 5 |