Legitimacy, Courts and State-Induced Guilty Pleas in Britain
The experience of Scotland provides an example of a jurisdiction being forced to come to terms with State-induced guilty pleas and appearing to respond in marked contrast to the courts of England and Wales. Whereas judges in the latter jurisdiction initiated and sponsored such pleas, in the higher courts judges in Scotland were pitch-forked into the issue by statute and, having first expressed resistance, continued to show discomfort (and disagreement) after their realisation that compliance with statute was unavoidable. While the English influence can still be detected, Scottish judges confront State-induced guilty pleas both individually and institutionally in a manner which symbolises Scotland's unique engagement with the independence of its judicial system. Nevertheless, outside the higher courts, the Scottish system is showing signs of significant departure from traditional practices and ideologies.
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