Ab Hamid, Zuraini and Abd Mohsin, Muammar Kamil (2026) Guilty plea: a doctrinal examination of the balance between due process and efficiency in Malaysia’s criminal justice system. In: The 9th International Conference on Law and Society Navigating Justice in the AI-Driven Society Through Harmonisation of Laws, ISTAC-IIUM.
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Abstract
A guilty plea constitutes an official admission by an accused of committing a crime. This mechanism eliminates the need for a trial by providing a practical solution to the judicial system's overwhelming case backlog. It enables faster resolutions, thereby minimising the time and resources required for trials. While it facilitates a swifter legal process and alleviates court backlogs, the potential to undermine fundamental principles of justice raises considerable concerns. This expediency may compromise the integrity of a fair trial, in which guilt or innocence should be established on the evidence presented in court. Critics contend that the pressure to accept a guilty plea, especially in the face of protracted sentencing or harsh conditions, can erode the accused's right to a fair trial. This system may incentivise individuals to accept plea deals, even if they maintain their innocence, to avoid the inherent risks of a trial. Moreover, this practice can undermine victims' rights to a fair judicial process by leading to inadequate sentencing for the accused if they are found guilty. This paper adopts a qualitative research approach, using doctrinal and legal research methodologies, to examine the ethical and societal implications of guilty pleas and to balance the justice system's efficiency with the rights of both the accused and the victim. The findings suggest that lenient sentences for individuals who enter a guilty plea are frequently considered significant; however, it is essential that such sentences are administered in accordance with established legal principles.
| Item Type: | Proceeding Paper (Plenary Papers) |
|---|---|
| Additional Information: | You may access the full papers/extended abstract using password: 0920z6 |
| Uncontrolled Keywords: | Guilty Plea, Criminal, Due Process, Malaysia |
| Subjects: | K Law > K Law (General) |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice |
| Depositing User: | Zuraini Ab Hamid |
| Date Deposited: | 15 Oct 2026 16:01 |
| Last Update: | 15 Oct 2026 16:01 |
| Queue Number: | 2026-10-Q5605 |
| URI: | http://irep.iium.edu.my/id/eprint/131606 |
| Indexed In: | UNSPECIFIED |
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