Does Sentence Reduction for a Guilty Plea Undermine Proportionality in Sentencing and Should It Be Abolished?

21 Pages Posted: 4 Jul 2019

See all articles by Ushangi Bakhtadze

Ushangi Bakhtadze

Sulkhan-Saba Orbeliani University/Sabauni

Date Written: July 1, 2019

Abstract

A sentence reduction for a guilty plea is one of the most controversial issues of the sentencing process. Though, there are solid pragmatic reasons why criminal justice system wants to maintain the institution of guilty plea discount, still there is not even one clear criminological ground for punishing non-guilty pleaders more severely than those who plead guilty. Justification for reducing sentence on this basis lies outside any sentencing rationale and is said to be the effective administration of justice. This paper critically evaluates the issue whether reductions for a guilty plea undermine proportionality in sentencing and should it be abolished or not.

Keywords: Guilty plea, sentencing, sentence reduction for a guilty plea, proportionality

Suggested Citation

Bakhtadze, Ushangi, Does Sentence Reduction for a Guilty Plea Undermine Proportionality in Sentencing and Should It Be Abolished? (July 1, 2019). Available at SSRN: https://ssrn.com/abstract=3412959 or http://dx.doi.org/10.2139/ssrn.3412959

Ushangi Bakhtadze (Contact Author)

Sulkhan-Saba Orbeliani University/Sabauni ( email )

3 K.Kutateladze street
www.sabauni.edu.ge
Tbilisi, 0186
Georgia
+9950322 42 22 42 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
150
Abstract Views
625
Rank
363,450
PlumX Metrics