"Sometimes I'm Wearing the Prosecutor Down:" An Exploratory Analysis of Criminal Defendants and Defense Attorneys in Plea Negotiations

• In Event: Advances in the Study of Guilty Pleas and Prosecution

Abstract

Courtroom workgroup theory focuses on contextual influences and relationships between the judge, prosecutor, and defense attorney dealing with a specific case. While studies have examined the similarity, stability, and proximity of workgroups, there has been less recent research exploring interactions and negotiations between these actors. There has also been little acknowledgement of the important role of the accused during case processing. Using data from qualitative semi-structured interviews, this project investigates the role of the defendant and his or her attorney in plea negotiations. Thematic coding analysis of interview data revealed a number of different negotiation strategies employed by defense attorneys; prosecutors are often aware of these strategies and express annoyance at some and understanding of others. Further, results demonstrate that the defendant's experiences with the criminal justice system and preferences for punishment are also critical in the negotiation and sentencing process. This study is exploratory in nature and points to several potential areas for furthering understanding of plea bargaining and negotiation.

Authors

• Jacqueline G. Lee, Boise State University

• John Ropp, Boise State University