The Production of Guilt in the Juvenile Justice System: The Pressures to ‘Plead’

Wundersitz, Joy; Naffine, Ngaire; Gale, Fay

doi:10.1111/j.1468-2311.1991.tb00708.x

Cited by 6 publications

(4 citation statements)

References 6 publications

(6 reference statements)

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“…Among both adolescents and adults, guilty pleas and plea bargains are extremely common (Bala, 1992; Hoge, Bonnie, Poythress, & Monahan, 1992; Wundersitz, Naffine, & Gale, 1991). Research has found that adult defendants are more likely to plead guilty when they perceive that there is strong evidence against them (McAllister & Bregman, 1986).…”

Section: Police Questioningmentioning

confidence: 99%

Legal Decisions of Preadolescent and Adolescent Defendants: Predictors of Confessions, Pleas, Communication with Attorneys, and Appeals.

Viljoen

Klaver

Roesch

2005

Law and Human Behavior

152

175

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While there is an increasing recognition that developmental differences may exist in legal decision-making, little research has examined this. This study examined the legal judgments of 152 defendants aged 11-17 (73 females, 79 males). Adolescents aged 15 and younger were more likely than older adolescents to confess and waive their right to counsel, and less likely to report that they would appeal their case or discuss disagreements with their attorneys. Also, while adolescents aged 15-17 were more likely to confess, plead guilty, and accept a plea bargain if they perceived that there was strong evidence against them, younger defendants' legal decisions were not predicted by the strength of evidence. Importantly, defendants with poor legal abilities were more likely to waive legal protections, such as the right to counsel and to appeal. Defendants from below-average socioeconomic backgrounds were more likely to waive their interrogation rights, and defendants from ethnic minority groups were less likely to report that they would disclose information to their attorneys. The advice of attorneys, parents, and peers emerged as important predictors of plea decisions. None of the defendants reported that their parents advised them to assert the right to silence during police interrogation.

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Section: Police Questioningmentioning

confidence: 99%

Legal Decisions of Preadolescent and Adolescent Defendants: Predictors of Confessions, Pleas, Communication with Attorneys, and Appeals.

Viljoen

Klaver

Roesch

2005

Law and Human Behavior

152

175

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“…Such reservations regarding PB are not confined to the public; even its supporters perceive it as far from being an ideal way of administrating justice (e.g., Emmelman, 1996;McCoy, 1993;Sanborn, 1993;Wundersitz, Naffine, & Gale, 1991). Even so, it is difficult to function without it; attempts to reduce or even eliminate it have consistently been ineffective (e.g., Daudistel, 1980;Heumann & Loftin, 1979;Marenin, 1995;McCoy, 1993).…”

Section: The Present Studymentioning

confidence: 99%

“…Judicial insiders have consistently argued that PB, when properly administered, can benefit all concerned, including the public at large (Bordenkircher v. Hayes, 1978;McCoy, 1993;Santobello v. New York, 1971;Wundersitz et al, 1991). First, it avoids the risk of acquittal in court of defendants (some dangerous or recidivist) against whom the evidence may be weak or insignificant.…”

Section: Increased Public Disclosure Of Prosecutorial Considerations In Pbmentioning

confidence: 99%

Plea Bargaining Practices: Less Covert, more Public Support?

Herzog

2004

Crime & Delinquency

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Although a common practice in many legal systems, plea bargaining (PB) tends to be held in low esteem by the public at large. In the present study, which was based on a survey of a national sample of Israeli respondents, a factorial design methodology was used to examine public attitudes toward varied PB scenarios. It was hypothesized that opening up PB procedures to parties other than the traditionally involved “insiders” would enhance public support for PB. The findings of the study generally confirmed this hypothesis, albeit not completely: The effect of decreased covertness was minimal. This article concludes with a discussion of the policy implications of the findings.

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“…We are concerned about the failure of some youth advocates to adequately advise their clients (or even to attend court-ordered FOCs). Pressures, both explicit and implicit, appear to be placed on young people to admit their guilt (as Wundersitz et al, 1991 found in their research in South Australia) and the costs of denying the offence seemed considerable both in terms of long delays and the resulting anxiety. Broadly speaking, we do not feel that practice yet meets expectations in this area.…”

Section: Protecting Juvenileoffenders'rightsmentioning

confidence: 91%

Juvenile Justice in New Zealand: a New Paradigm

Morris

Maxwell

1993

Australian & New Zealand Journal of Criminology

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This study describes the system ofjuvenilejustice adopted in New Zealand under the Children, YoungPersons and TheirFamiliesAct 1989. The Act setsout objectives and principles which stress a number ofinnovative featuresincludingtheintegration ofa western and an indigenous approach; the empowermentoffamilies and youngpeople; the involvement of victims; and group consensus decision-making. The principal mechanism for achieving these objectives is the Family Group Conference whichreplaces or supplementstheYouth Courtas theprincipaldecision-makingforum in most of the more serious cases. Police involvementin decision-making is also increased by a greater emphasis on diversion and by their role in reaching agreements in the Family GroupConference. Research data arepresentedwhichenablean evaluationofthe extentto which theAct is meeting its objectives. The tensions in the system are discussed: particularly the issue of victim involvementversus an offenderfocus and the conflictbetweenaccountability and welfare.

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The Production of Guilt in the Juvenile Justice System: The Pressures to ‘Plead’

Cited by 6 publications

References 6 publications

Legal Decisions of Preadolescent and Adolescent Defendants: Predictors of Confessions, Pleas, Communication with Attorneys, and Appeals.

Legal Decisions of Preadolescent and Adolescent Defendants: Predictors of Confessions, Pleas, Communication with Attorneys, and Appeals.

Plea Bargaining Practices: Less Covert, more Public Support?

Juvenile Justice in New Zealand: a New Paradigm

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