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  • Factors Contributing to Guilty Plea Wrongful Convictions: A Quantitative Analysis of Australian Appellate Court Judgments

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    Nash522035-Accepted.pdf (339.7Kb)
    File version
    Accepted Manuscript (AM)
    Author(s)
    Nash, C
    Dioso-Villa, R
    Porter, L
    Griffith University Author(s)
    Dioso-Villa, Rachel
    Porter, Louise E.
    Nash, Caitlin J.
    Year published
    2021
    Metadata
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    Abstract
    Criminal defendants can face significant pressures to plead guilty, but wrongful conviction scholarship has largely overlooked the study of guilty pleas. This study content analyzed 139 Australian appellate court judgments in which a guilty plea conviction was overturned, investigating the types of errors involved in these convictions, and the stage of the criminal justice process at which the errors occurred. The findings revealed that errors occurred during the police investigation, pretrial preparations, and formal court procedures, with the most frequent errors involving incorrect or inappropriate charges, inadequate ...
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    Criminal defendants can face significant pressures to plead guilty, but wrongful conviction scholarship has largely overlooked the study of guilty pleas. This study content analyzed 139 Australian appellate court judgments in which a guilty plea conviction was overturned, investigating the types of errors involved in these convictions, and the stage of the criminal justice process at which the errors occurred. The findings revealed that errors occurred during the police investigation, pretrial preparations, and formal court procedures, with the most frequent errors involving incorrect or inappropriate charges, inadequate legal representation, and the courts erroneously accepting a guilty plea. The findings raise important implications regarding the adequacy of safeguards to ensure guilty pleas are appropriate or factually and legally accurate.
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    Journal Title
    Crime and Delinquency
    DOI
    https://doi.org/10.1177/00111287211054723
    Copyright Statement
    Nash, C; Dioso-Villa, R; Porter, L, Factors Contributing to Guilty Plea Wrongful Convictions: A Quantitative Analysis of Australian Appellate Court Judgments, Crime and Delinquency, 2021. Copyright 2021 The Authors. Reprinted by permission of SAGE Publications.
    Note
    This publication has been entered in Griffith Research Online as an advanced online version.
    Subject
    Criminology
    Publication URI
    http://hdl.handle.net/10072/410176
    Collection
    • Journal articles

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