Pleading guilty when innocent: How the Australian criminal justice system contributes to, recognises, and responds to guilty plea wrongful convictions

Abstract

Most of our knowledge on wrongful convictions is based upon the more serious cases that follow a contested trial. This does not reflect contemporary criminal justice systems where most criminal cases are resolved by a guilty plea. Despite increasing recognition that both guilty and innocent persons face significant pressures to plead guilty, the occurrence of wrongful convictions stemming from a guilty plea is a surprisingly under-researched area, particularly within Australia. This thesis addresses this knowledge gap and examines how the Australian criminal justice system contributes to, recognises, and responds to guilty plea wrongful convictions. Driven by a systems and organisational perspective, the thesis explores the structural and organisational features of the Australian criminal justice system that can systematically contribute to guilty plea wrongful convictions. It further considers how errors and false guilty pleas proceed through the criminal justice process without being detected, prevented, or remedied.