The Problem of Confessional Evidence: False Guilty Pleas and Plea Negotiations
摘要
This chapter examines how the phenomena of false guilty pleas and false confessions present a potential barrier to achieving justice in Australia. We highlight how the combination of communication barriers and systemic incentives contributes to a high rate of guilty pleas and reflect on systemic incentives such as sentencing discounts for early pleas and prosecution performance indicators that encourage plea negotiations. We consider how systemic pressures—aggravated by punitive justice policies, restrictive bail laws, and coercive police practices—can lead innocent individuals to plead guilty or falsely confess. The chapter presents the drivers of false confessions as significant risks, such as police interviewing practices, communication barriers, institutionalised racism, and individual vulnerabilities, and considers the challenges of appealing convictions based on guilty pleas or confessions.