plea bargaining

what is a plea bargain?

agreement between prosecution and person charged to plead guilty and admit responsibility in exchange for lesser charge
- can occur any time after investigation and before trial ends

how common are plea bargains?

95% of cases in US and 90% of cases in Canada
- essential part of legal system

how to study plea bargaining?

non- or quasi-experimental: case studies/interviews, archival data, observational data
experimental: vignettes, stimulations

shadow of the trial model

decision-making model that posits that defendants will consider the max. possible sentence, prob. of conviction, and how sentence offered compares to max. possible sentence multiplied by prob. of conviction
(potential sentence x prob. of conviction = max acceptable offer)

pros of shadow of the trial model

simple model to understanding basic economics of plea bargains that is broadly applicable regardless of person or case

cons of shadow of the trial model

process is often coercive, people are more complicated than it suggests, and does not account for lawyer advice

what do ppl consider when presented with a plea offer?

- evidence against them
- seriousness of charges
- how long it will take to get a trial
- perception of investigators and how investigators feel abt them
- lawyer's advice
- past experiences with system
- chance of success at trial
- whether they are guilty/innocent
- perceptions of fairness of CJS
- whether they have dependents

when are ppl more likely to accept plea offer, even if innocent?

1. vulnerability: young, intellectual disability, mental illness, or poor comprehension of system
2. inadequate representation: lawyer may advise them to take it - may feel it this only/best option
3. discrimination: member of group typically treated poorly in the system

pros of plea bargains

- less time consuming
- avoid uncertainty
- less severe punishment
- uses fewer system resources

cons of plea bargains

- coercive (trial penalty & plea discount, cannot afford to wait for trial)
- lack of oversight
- wide discretion
- reliance on advice from counsel