Social Order in the Court: Racial Inequality in Guilty Plea Processes in Three Jurisdictions

• In Event: How Do Prosecutors Decide? Socioeconomic Factors, Race, and Prior Records

Abstract

Objective: To investigate racial differences in plea processes and outcomes across three MD Circuit Court jurisdictions. Methods: The study analyzes unique data on prosecutorial decision-making in three MD jurisdictions. The data include detailed information on charging decisions and case outcomes. A series of regression models are estimated to examine disparity across a variety of plea-related outcomes. Results: For most outcomes, Black defendants are not significantly disadvantaged in the negotiated plea process. However, the effects of race and ethnicity vary across decision-stages and across jurisdictions in important ways. Conclusions: The study emphasizes the importance of examining race and guilty plea processes across multiple jurisdictions within one state. It finds that the effects of race and ethnicity on plea outcomes vary by decision point and across jurisdictional contexts. The study suggests greater attention needs to be directed at understanding the social processes that shape guilty plea outcomes, as well as how they vary with different environmental surroundings and shifting organizational demands of local courts. It concludes that local contexts are essential for understanding the many factors that shape patterns of inequality in prosecution and punishment.

Authors

• Brian D. Johnson, University of Maryland, College Park

• Sean Houlihan, University of Maryland, College Park

• Raquel Hernandez, University of Maryland, College Park