Exploring Prosecutorial Discretion in the Plea Bargaining Process in Philadelphia, PA

• In Event: Exploring Prosecutorial Discretion and the Role of Counsel in the Plea Bargaining Process

Abstract

Objective: Though pleas are a common disposition in criminal cases, little is known about why people accept pleas, how plea outcomes are reached, and the level of control prosecutors exert over the process. Plea bargaining is an informal, largely undocumented process that occurs with little oversight. To shed light on the process, the Urban Institute partnered with the Philadelphia District Attorney’s Office to conduct a mixed-methods analysis of prosecutorial discretion in plea bargaining. The study analyzed the policies, practices, case characteristics, and external factors that impact decision-making in Philadelphia.

Data/Methods: Urban researchers completed a policy review, survey of prosecutors, and interviews with prosecutors, criminal defenders, and people who previously accepted pleas to understand more about the process and what factors are weighed in offering and accepting a plea. They paired this work with an analysis of administrative court data and a review of randomly selected prosecutor case files to ascertain general trends in plea outcomes from 2016-2021.

Results & Conclusions/Implications: The goal of the study was to understand the extent of and limits to prosecutorial discretion in plea bargaining and what, if any, impact this discretion has on racial disparities in plea outcomes. Quantitative research findings will be presented and organized around key themes that emerged from the stakeholder interviews to develop a picture of the plea process in Philadelphia. Given the dearth of data on plea negotiations and perspectives from those most impacted by them, this research represents an important opportunity to explore a key decision point in the criminal justice process.

Authors

• Andreea Matei, Urban Institute

• Kelly Roberts Freeman, National Center for State Courts