CJS 101 Lecture Notes - Lecture 29: Actual Innocence, Miscarriage Of Justice, Eyewitness Identification
9 Dec 2020
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Discount principle: the accused given credibility for a plea of guilty. S 22 crimes (sentencing procedure) act [348] Court has to state the reason for not reducing sentence if they did not do so. Thomson; houlton [2000] nswcca guideline judgment. Discount level will differ on the time the plea was made and the difficulty of the case. Gave 25% but should have been 15% Other reasons for pleading inability to challenge police evidence: mcbarnet [p. 351]- the market forces of cost. To get it over with [351: phil cohen- minimising interruptions into his life. Popular usage of the term: an innocent person wrongfully convicted of a crime they did not commit. Guilty is at liberty to commit more crimes (mallard case) Not possible to have justice in unjust world. Legal and political processes and practices which lead to conviction of innocent. Charged for killings when cook confessed to killings.
