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The History of the Problem of ‘Cracked Trials’
Published online by Cambridge University Press: 22 December 2022
This chapter introduces readers to the history of the problem of ‘cracked trials’, that are trials that do not proceed on the scheduled day, yet does not need rescheduling, as the case has already reached an outcome. The predominant reason for this is the defendant entering a late guilty plea. According to official discourse, cracked trials are attributed to tactical defendants who ‘play the system’ by delaying their guilty pleas. This chapter also introduces readers to the sentence discount as a response to encouraging defendants to plead guilty, and to plead guilty as early as possible. Under the sliding scale of sentence discounts, the early you plead guilty, the greater the sentence discount you receive. The rest of the chapter outlines the rest of the book.
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