Journal Article

Advising Defendants about Guilty Pleas before International Courts

Rodney Dixon and Alexis Demirdjian

in Journal of International Criminal Justice

Volume 3, issue 3, pages 680-694
Published in print July 2005 | ISSN: 1478-1387
Published online July 2005 | e-ISSN: 1478-1395 | DOI: https://dx.doi.org/10.1093/jicj/mqi026
Advising Defendants about Guilty Pleas before International Courts

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The aim of the article is to convey to the reader the variety of considerations that Defence Counsel before the International Tribunals must take into account when advising accused persons about their pleas. Although there are no formally adopted sentencing guidelines for guilty pleas, certain practices and patterns have emerged in the jurisprudence. The article thus examines the host of mitigating and aggravating factors which the judges have identified in the sentencing judgments following guilty pleas. The plea-bargaining process is also discussed, in particular the deviations between the sentences recommended in the agreements between the Prosecution and Defence, and those handed down by the Trial Chambers—another factor about which accused persons must be advised in deciding upon their pleas. The article concludes by highlighting the challenges faced by Defence Counsel in applying the multiplicity of sentencing features to the facts of each case.

Journal Article.  5992 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

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