Getting to a Guilty Plea: A Qualitative Examination of the Role of Internal and External Factors in Plea Negotiations

• In Event: Legal Services for the Indigent: Guilty Pleas and Sentencing

Abstract

Although 95-97% of criminal convictions are the result of plea arrangements, the nature of plea bargain decisions remains elusive. There has been little research examining the factors affecting, and rationales underlying, the plea decision. Though there have been a few studies looking at defendants’ plea decisions, we have little understanding of the rationales for pleading guilty and how court actors perceive defendant decision-making; ironically, individuals who have to make the actual decision are rarely asked (by researchers at least) about the reasons underlying their plea decisions. The present research examines plea decision-making through court observations and semi-structured interviews with defendants, defense attorneys, and prosecutors to investigate how defendants perceive and understand the choices and imperatives with which they are faced as they navigate the legal system. Whereas interviews with defendants examine their experiences and perceptions surrounding a specific case in which they pled guilty, defense attorneys and prosecutors are interviewed more generally about their perceptions of generic defendants’ rationales for their plea decisions as well as how those perceptions inform either the plea offer or the advice about accepting the offer. Preliminary findings and their implications will be discussed.

Author

• Reveka Shteynberg, University at Albany, SUNY