Navigating criminal sanctions through a plea of guilty or not in Ghana: the perspective of prison inmates

Figures & data

Table 1. Sample distribution and gender involvement.

Name of prison	Location	Questionnaire received	Gender
			Male	Female
Nsawam Medium Security Prison	Eastern Region	55	45	10
Ankaful Maximum Security Prison	Central Region	30	30	–
Kumasi Central Prison	Ashanti Region	29	18	11
Akuse Prison	Eastern Region	12	12
Koforidua Prison	Eastern Region	24	12	12
Sekondi Central Prison	Western Region	34	26	8
Tamale Central Prison	Northern Region	22	22	–
Winneba Local Prison	Central Region	12	12	–
Ho Central Prison	Volta Region	28	18	10
Jamestown Prison	Greater Accra	14	14	–
Total		260	209	51

Source: Field survey, 2021.

Table 2. Duration of prison sentence.

Sentence	Frequency	Percentage
1–10 years	44	16.9
11–20 years	80	30.8
21–30 years	78	30
31–40 years	14	5.4
41–50 years	18	6.9
50+	12	4.6
Life in prison	3	1.2
Death sentence	11	4.2
Total	260	100

Source: Field survey, 2021.

Table 3. Sample distribution of participants.

Participants	Number	Gender		Inmate’s Plea
		Male	Female	Guilty	Not guilty	Change of plea from not guilty to guilty
Inmates	20	15	5	12	8	4
Police Prosecutors	5	4	1
Lawyers	5	3	2
Total	30	22	8

Source: Field survey, 2021.

Table 4. Plea in court.

Plea	Frequency	Percentage
Guilty	158	60.8%
Not guilty	102	39.2%
Total	260	100
Change of plea (not guilty to guilty)	36	22.7%

Source: Field survey, 2021.

Table 5. Cross-tabulation: offences and plea.

	Pleas
Offences	Guilty	Not guilty
Murder	–	14 (5.4%)
Stealing	32 (12.3%)	12 (4.6%)
Rape	30 (11.5%)	8 (3.1%)
Illegal use and possession of drugs	26 (10%)	8 (3.1%)
Defilement	25 (9.6%)	7 (2.7%)
Robbery	23 (8.8%)	39 (15%)
Defrauding by false pretence	22 (8.5%)	14 (5.4%)
Total	158 (60.8%)	102 (39.2%)

Source: Field survey, 2021.

Table 6. Reasons for pleading guilty.

Reasons for pleading guilty	Frequency	Percentage
For leniency in sentencing	88	55.7
So the case can be resolved quickly	38	24
It is less expensive (not hiring a lawyer)	18	11.4
It saves my family from emotional torture	8	5.1
I committed the offence	6	3.8
Total	158	100

Source: Field survey, 2021.

Table 7. Reasons for pleading not guilty.

The explanation for not pleading guilty	Frequency	Percentage
The trial offers the opportunity to identify the legal loopholes	48	47
Even if sentenced, it offers me the opportunity to appeal the sentence another time	32	31.4
It allowed my legal team to prepare for the case	16	15.4
It was possible I could have been acquitted and discharged	6	5.9
Total	102	100

Source: Field survey, 2021.

Table 8. Sources of guilty plea advice.

Source of guilty plea influence	Frequency	Percentage
Police prosecutors	96	60.8
No one/self	36	22.8
Other inmates	14	8.8
Family	8	5.1
Lawyers	4	2.5
Total	158	100

Source: Field survey, 2021.

Table 9. Sources of not guilty advice.

Who influenced your plea of not guilty?	Frequency	Percentage
Other inmates	44	43.1
Lawyers	40	39.2
Self	16	15.7
Police	1	1
Family	1	1
Total	102	100

Source: Field survey, 2021.

Figure 1. The influence of plea on sentence outcome.

Table 10. Comparison between given sentence, minimum sentence, maximum sentence and mitigation achieved.

Case files/proceedings	Offence	Plea	Sentence given	Min.* sentence per guidelines	Max. sentence per guidelines	Mitigation achieved
1	Rape	Not guilty	25 years	5 years	25 years	0 year
2	Rape	Guilty	17 years			8 years
3	Rape	Guilty	20 years			5 years
4	Rape	Guilty	15 years			10 years
5	Rape	Not guilty	12 years			13 years
6	Defilement	Guilty	20 years	7 years	25 years	5 years
7	Defilement	Guilty	25 years			0 year
8	Defilement	Guilty	20			5 years
9	Defilement	Guilty	22			3 years
10	Defilement	Not guilty	25 years			0 year
11	Robbery	Not Guilty	15 years	10 years (No weapon) 15 years (Weapon)	Life
12	Robbery	Not guilty	25 years
13	Robbery	Not guilty	40 years
14	Robbery	Not guilty	65 years
15	Robbery	Guilty	10 years
16	Stealing	Guilty	7 years	5 years	25 years	18 years
17	Stealing	Not guilty	5 years			20 years
18	Stealing	Guilty	8 years			17 years
19	Stealing	Not guilty	10 years			15 years
20	Stealing	Guilty	10 years			15 years
21	Defrauding by false pretence	Guilty	12 years	10 years	25 years	13 years
22	Defrauding by false pretence	Guilty	15 years			10 years
23	Defrauding by false pretence	Guilty	14 years			11 years
24	Defrauding by false pretence	Not guilty	10 years			15 years
25	Defrauding by false pretence	Guilty	14 years			11 years
26	Drug offences	Guilty	8 years	5 years	14 years+	6 years
27	Drug offences	Not guilty	7 years			7 years
28	Drug offences	Guilty	10 years			4 years
29	Drug offences	Guilty	10 years			4 years
30	Drug offences	Guilty	7 years			7 years

* This excludes importation and exportation of narcotics.

Source: Field survey, 2021.

Data availability statement

Data for this research can be accessed by sending a direct email to the corresponding author. However, as this study borders on prisoners, no sensitive data will be sent out upon request.