Chapter 8: The guilty plea: an Australian/Chinese comparison
Recent New South Wales criminal court statistics report that approximately 87 per cent of defendants in the Local (Magistrates’) Courts pleaded guilty to the charges laid. In the Higher Courts (Supreme and District Courts), a lower, but still significant majority (76 per cent) pleaded guilty (NSW Bureau of Crime Statistics and Research (BCSR), 2010, pp. 3 and 12, respectively). While the 1996 Criminal Procedure Law (CPL) does not require Chinese suspects to plead guilty or not guilty, this is very similar to the figures from Criminal Justice in China: An Empirical Enquiry where it was found that nearly 91 per cent of Basic Court defendants totally agreed or partially agreed with the charges laid. In the Intermediate Courts the figure was 85 per cent (McConville et al, 2011, p. 240). Not only is there statistical similarity but, at first glance, the reasons for defendants pleading guilty or accepting the charges in Australia and China respectively are also largely the same: namely to benefit from any reduction in sentence for doing so. There would also appear to be some statutory similarity.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.