Pleading Under Pressure: Understanding Women's Guilty Plea Decisions

• In Event: Adjudication: pleas, courts and sentencing

Abstract

Guilty pleas account for the vast majority of criminal case resolutions globally, with research indicating that most cases never proceed to trial. In the Australian state of Victoria, over 75% of criminal cases are resolved through guilty pleas, a trend seen across many jurisdictions worldwide. While courts generally interpret a guilty plea as an unequivocal admission of guilt, research reveals that defendants often plead guilty for reasons that go beyond mere culpability. Crucially, however, there is limited understanding of women’s experiences of guilty pleas and plea negotiations, and existing research has frequently overlooked gendered factors. This study aims to address this gap by offering valuable insights into the unique and complex pressures women face when navigating the criminal justice system as defendants. Drawing on interviews with 22 legal practitioners and 17 women with lived experience of the criminal pre-trial process as defendants, the study identifies key influences on decision-making. It identifies various personal and systemic influences, as well as how the pains of the pre-trial process contribute to women's decisions to plead guilty. The findings underscore the complexity of the guilty plea process and the importance of ensuring that women’s - and all defendant’s - decisions are truly voluntary and free from coercion. By shedding light on the gendered dimensions of plea negotiations, this research advocates for a more nuanced approach to understanding the factors that influence women’s interactions with the criminal justice system.

Author

• Monique Moffa, Monash University