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

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Nash, C
Dioso-Villa, R
Porter, L
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2021
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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 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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Crime and Delinquency

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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.

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Criminology

Law in context

Legal systems

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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

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