Exploring Prosecutorial Discretion and the Role of Counsel in the Plea Bargaining Process

Session Submission Type: Complete Thematic Panel

Abstract/Description

The MacArthur Foundation’s Safety and Justice Challenge (SJC) supports over 50 jurisdictions nationwide in their efforts to enact system reform and implement and evaluate data-driven strategies with the goal of reducing reliance on incarceration in local jails. One system point that could benefit from a more nuanced understanding is plea bargaining—a process that has historically been difficult to explore, but has far-reaching implications for individual outcomes and system-level case processing. In the overwhelming majority of cases, plea bargaining determines how people are charged and the dispositions and sentences they receive. At the same time, plea bargaining is an opaque process driven by the discretion of prosecutors whose decisions are not particularly well-documented, especially in administrative data. This panel will share lessons learned from two mixed-method explorations into prosecutorial decision-making in Philadelphia, PA, Milwaukee County, WI, and St. Louis County, MO, as well as an evaluation of the Initial Appearance Pilot Program (IAPP) in St. Louis County, MO, which provides counsel at the time of first appearance. Each of the studies in this panel is briefly described below.

Sub Unit

• Area VI. The Criminal Justice System / 44. Prosecutorial Discretion and Plea Bargaining

Individual Presentations

• The Covid-19 Impact on Criminal Courts and Criminal Courtroom Workgroups - Elizabeth Webster, Loyola University Chicago; Beth Huebner, University of Missouri - St. Louis; Luis C. Torres, University of Missouri - St. Louis; Alessandra Early, University of Missouri - St. Louis; Don Stemen, Loyola University Chicago; Marisa Omori, University of Missouri - St. Louis

• Exploring Prosecutorial Discretion in the Plea Bargaining Process in Philadelphia, PA - Andreea Matei, Urban Institute; Kelly Roberts Freeman, National Center for State Courts

• Right to Counsel? An Evaluation of the St. Louis County First Appearance Program - Lauren Morgan, University of Missouri - St. Louis; Faraneh Shamserad, University of Missouri - St. Louis; Beth Huebner, University of Missouri - St. Louis

Discussant

• Mackenzie Deary, CUNY Institute for State and Local Governance