Bias in Plea Bargaining: Discerning Differences in Attorney Plea Recommendations

• In Event: Posters I

Abstract

The majority of cases in the criminal justice system are disposed of through the practice of plea-bargaining. The current study examines factors that influence prosecutors and defense attorneys’ plea deal decision-making. These variables include the race of the suspect and victim, the age of the suspect, and whether or not the crime in question is stereotypically congruent with the defendant’s race. 690 practicing defense attorneys and prosecutors read two cases and responded to several questions about their expectations and perceptions of the suspect. Attorneys also reported whether and how they would negotiate a plea bargain in each case. Several findings emerged, including the key finding that the nature of the crime impacts the way attorneys negotiate plea deals. Specifically, outcomes were significantly influenced by the degree to which the crime in question was stereotypically congruent with the defendant’s race. The implications for these findings suggest a need to further explore attorneys’ expectations and perceptions of cases that result in plea bargains.

Author

• Mawia Khogali, CUNY Graduate School / John Jay College