Intersections Between In-Court Procedures and the Production of Guilty Pleas

Abstract

In Australia (as elsewhere) most criminal defendants plead guilty and do not contest the charges at trial. Our research suggests that guilty pleas can result from an intersectional process, in which in-court events interact with out-of-court activities and discussions. This article draws on an observational study of criminal matters in Australian lower courts. It examines the early stages of in-court proceedings, in particular the ways in which the judicial officer's — here the magistrate — decisions about adjournments, contribute to and are driven by the guilty plea production process.While Australian magistrates and judges have no direct role in or even knowledge of the substance of plea or charge bargaining, they can influence the circumstances for a prompt guilty plea.