1. The federal sentencing guidelines and sentencing guidelines in many states provide for reductions in sentences for "acceptance of responsibility." The innocent defendant, who refuses to admit to the crime, will not receive this benefit.
2. An innocent defendant might often refuse to accept a guilty plea deal. When the innocent defendant defends his or her innocence at trial and gets wrongly convicted, that defendant will invariably receive a much higher punishment than that proposed in the plea deal.
3. An innocent defendant, by not admitting to the crime, might hurt his or her chance for an early release from prison.
Solove recommends eliminating "acceptance of responsibility" as a factor in sentencing or parole, and setting guidelines to limit the disparity between plea deals offered and the sentence pursued at trial. What do you think?