Implications for legal education and training in a guilty plea environment

Kemp, Vicky; Gibson, Cerys

Abstract

This Chapter examines implications for legal education and training of lawyers when working within an environment where clients are under pressure to plead guilty. After first considering the background to plea bargaining, and the increasing pressure people are under to plead guilty, we examine the potential for encouraging plea negotiations in the police station. This includes looking out out-of-court disposals and settlements, plea trial detention and guilty pleas. Next examined are reforms of plea bargaining practices in court, which includes changes to practices on the ground initiated by judges, prosecutors and defence lawyers. In the final section, we explore clinical legal education and training lawyers of the future, which includes training lawyers to be agents of social change, and law students being involved in the training of lawyers. In conclusion, we argue that by adopting a problem-solving approach, lawyers need to recognise the myriad of extra-legal issues that clients often face, ranging from psychological to social issues. This requires a paradigm shift by focusing on ‘holistic lawyering’ when collaborating with other problem-solvers in different roles. Adopting a community-based approach to legal education will help students to identify what services and projects locally can provide help and support to individuals. It will also help to increase opportunities for diverting suspects out of the criminal justice system, or out of court and, for those prosecuted, to avoid custodial sentences whenever possible.

Citation

Kemp, V., & Gibson, C. (2024). Implications for legal education and training in a guilty plea environment. In M. Langer, M. McConville, & L. Marsh (Eds.), Research Handbook on Plea Bargaining and Criminal Justice. Edward Elgar Publishing

• Online Publication Date: Apr 28, 2024
• Publication Date: Apr 28, 2024
• Deposit Date: Nov 22, 2022
• Publicly Available Date: Oct 29, 2024
• Publisher: Edward Elgar Publishing
• Series Title: Research Handbooks on Criminal Law and Justice series
• Book Title: Research Handbook on Plea Bargaining and Criminal Justice
• Chapter Number: 21
• ISBN: 9781802206661
• Keywords: plea bargaining, clinical legal education, holistic lawyering, diversion
• Public URL: https://nottingham-repository.worktribe.com/output/14030655
• Publisher URL: https://www.e-elgar.com/shop/gbp/research-handbook-on-plea-bargaining-and-criminal-justice-9781802206661.html
• Additional Information: This is a draft chapter/article. The final version is available in Research Handbook on Plea Bargaining and Criminal Justice edited by Máximo Langer, Mike McConville, Luke Marsh, published in 2024, Edward Elgar Publishing Ltd; https://www.e-elgar.com/shop/gbp/research-handbook-on-plea-bargaining-and-criminal-justice-9781802206661.html; The material cannot be used for any other purpose without further permission of the publisher, and is for private use only.