Who Pays the Trial Tax? Guilty Pleas and Disparity in Prosecution

• In Event: Prosecutorial Discretion, Guilty Pleas and Criminal Punishment

Abstract

Despite a large research literature on criminal sentencing outcomes, relatively little attention has been devoted to who pleads guilty and who goes to trial. This study investigates the correlates of guilty pleas across crime types and across jurisdictions. It analyzes data from the United States Sentencing Commission (USSC) and from the Maryland State Commission on Criminal Sentencing Policy (MSCCSP). Particular attention is paid to the role of race, gender and age in guilty plea outcomes and their effects in sentencing.

Authors

• Alex Testa, University of Maryland

• Brian D. Johnson, University of Maryland