Motivations for Plea Decisions

• In Event: Miscarriages of Justice: Pleas and Evidence in the Courtroom

Abstract

An estimated 90-95% of convictions are obtained via guilty pleas (Cohen & Reaves, 2006); roughly 10% of individuals exonerated with the help of the Innocence Project falsely pled guilty (innocenceproject.org). Little scholarship has examined what influences whether a defendant will plead guilty (Redlich, 2010). Self-reports from offenders suggest protecting another individual, pressure from legal actors, and a lack of options as possible motivations for false guilty pleas (Redlich, Summers, & Hoover, 2010); instrumental reasons (e.g., lessen the punishment, avoid a more serious consequence) are a possible key motivation for true and false guilty pleas (Malloy, Shulman, & Cauffman, 2014). In this study, we examined if guilty and innocent students who were accused of cheating plead guilty or took their case before the Student Conduct Committee (analogous to a trial), and if an advocate’s advice influenced their decision. Participants were asked questions regarding their motivations for taking their case to trial or accepting a plea. Thus, we examined motivations for plea decisions for both innocent and guilty individuals using quantitative and qualitative methods. Implications for defense attorney influence, plea-bargaining, and wrongful conviction will be discussed.

Authors

• Kelsey Henderson, Portland State University

• Lora M. Levett, University of Florida