The title of this post is the title of this forthcoming book chapter authored by Thom Brooks now available via SSRN. Here is its abstract:
Most offenders plead guilty without a trial. Their guilty plea typically earns a reduced punishment. It raises the issue of why should guilty pleas matter. This chapter considers the use of plea bargaining in the United States and guilty plea discounts in England and Wales. While the former is found deeply problematic, a limited defence of the latter is made. Offenders should normally receive discounted punishment and for more than instrumental reasons. However, there must be more robust safeguards in place to ensure greater consistency and fairness for the use of guilty plea reductions to be justified more substantially.