Prosecutions in the Summary Jurisdictions

Ellis, Sophie; Camilleri, Marg

doi:10.1007/978-3-031-19063-6_5

Cited by 1 publication

(1 citation statement)

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“…Prosecutors. In most Australian jurisdictions, police prosecutors are responsible for prosecuting summary offenses in the Magistrates Courts, while Crown prosecutors within the ODPP handle more serious indictable offenses in the District and Supreme Court (Ellis and Camilleri, 2022). However, due to the high-volume workload and "sausage factory" approach to justice in the Magistrates Court, police prosecutors were observed to lack the time and staff required to adequately review cases before proceeding to court and ensuring charges are appropriately made out.…”

Section: Resource Limitations and Practical Constraintsmentioning

confidence: 99%

Efficiency Over Accuracy?: Exploring Front-Line Practitioners’ Experiences and Opinions on the “Guilty Plea System”

Nash,

Dioso-Villa,

Porter

2023

Social & Legal Studies

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While most criminal cases are resolved by a guilty plea, little empirical research has examined guilty plea wrongful convictions. This study explored this issue through semistructured interviews with 27 legal professionals in Queensland, Australia ( n = 16 defense lawyers; n = 7 prosecutors; n = 4 magistrates). Driven by a systems and organizational perspective, we conducted a thematic analysis exploring the structural and organizational features that may systematically contribute to erroneous guilty plea convictions. We found an overarching emphasis on efficiency and pressure to quickly resolve cases, coupled with practical constraints impeding legal professionals from ensuring guilty pleas are appropriate and accurate. There was also a general acceptance of false guilty pleas through the justification of “choice,” legitimized by the authoritative precedent set by Meissner v R (1995). The findings indicate the routine nature of erroneous guilty plea convictions and raise important implications regarding the current validity of a guilty plea, as they do not always reflect actual guilt.

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Section: Resource Limitations and Practical Constraintsmentioning

confidence: 99%