Stereotypes and Differential Plea Bargaining

• In Event: Plea Bargains and Extralegal Factors That Influence Them

Abstract

Racial bias is perhaps one of the most prevalent influences that researchers have discerned in legal decision-making. However, most of the literature aimed at analyzing racism in the justice system has scrutinized the role of jurors, which is undoubtedly important, but leaves one wondering about the 95%+ of cases that are disposed of through plea bargaining. In addition to the scarcity of literature on the influence of racial bias on plea decisions, even less research has examined the role of stereotypes in this context. The current study tested two competing hypotheses for how stereotypes may influence the decision-making process during attorneys’ plea negotiations. 690 practicing defense attorneys and prosecutors read two cases and responded to several questions about their plea recommendations and their perceptions of the defendant. Several findings emerged, including the key finding that the degree to which a crime is stereotypically congruent with a defendant’s race interacts with a defendant’s age and victim’s race to produce differential outcomes. The implications for these findings suggest a need to further explore attorneys’ expectations and perceptions of cases that result in plea bargains. The results also call for a closer examination of the influence of stereotypes in pre-trial decision-making.

Author

• Mawia Khogali, The Graduate Center, John Jay College / CUNY