Plea Bargains and Extralegal Factors That Influence Them

Session Submission Type: Complete Thematic Panel

Abstract

This thematic panel includes three studies that measure factors that impact plea bargaining decisions. During pretrial, prosecutors often offer defendants a reduction in charges and/or punishment in exchange for a guilty plea, and defendants accept a plea bargain in 95% of cases. Among the findings of these three studies, defendants experience pressure to accept plea bargain offers due to substantial sentencing discounts and short periods for making decisions. Youth may be especially affected by these pressures. In addition, the degree to which a crime is stereotypically congruent with a defendant’s race may also influence plea bargains. Furthermore, racial bias may influence prosecutorial discretion in making plea bargain offers. Together, these studies suggest that several extralegal factors may influence plea bargain outcomes.

Sub Unit

• Area VII. Criminal Justice Policy and Practice / 35. Prosecution and the Courts

Division of Special Interest

• Divisions of Special Interest / Division on Corrections & Sentencing

Individual Presentations

• A Plea for Justice: Racial Disparities in Pretrial Decision Making - Matthew L. Mizel, UCLA

• Stereotypes and Differential Plea Bargaining - Mawia Khogali, The Graduate Center, John Jay College / CUNY

• Plea Discounts, Time Pressures and False-guilty Pleas in Youth and Adults Who Pleaded Guilty to Felonies New York City - Tina M. Zottoli, Montclair State University; Tarika Daftary-Kapur, Fairleigh Dickinson University

Chair

• Matthew L. Mizel, UCLA

Discussant

• Jacob Kang-Brown, Vera Institute of Justice