Prosecutorial Discretion in Plea Bargaining: Examining Factors that Predict Plea Case Dispositions

• In Event: International and Community Perspectives on Prosecutorial Decisions

Abstract

The main purpose of this study is to assess the extent to which evidential factors, legal
representation, and specific crime types influence prosecutorial discretion related to plea
negotiation. The data analysed in this study were obtained from a large population of individuals
that were suspected of committing various offenses in several counties across two states. Using a
binary logistic regression approach, we found that the type of offense committed, strength of
evidence, and suspect’s criminal records play important roles in prosecutor’s decision-making.
However, legal representation did not influence plea negotiation decisions. Policy implications
of these observations are discussed.

Authors

• Bassey Kooffreh, The University of Mississippi

• Francis D. Boateng, The University of Mississippi