Does Location Matter for Defendants? Exploring Socioeconomic and Spatial Dynamics of Plea Bargaining in Colombia

• In Event: Prosecution in the Making II: Plea Bargaining and Case Processing in the Americas

Abstract

Although recent research into prosecutorial practices have examined the significance of defendant race, ethnicity, and legal representation in shaping plea bargaining outcomes, the interplay with socioeconomic variables remains underexplored, especially within Latin America's judicial systems. This study investigates the potential relationship between plea bargaining practices and the socioeconomic conditions of Colombian municipalities. It posits that municipalities with stronger socioeconomic status might witness higher concentrations of plea deals because individuals in these places are more likely to be able to afford private attorneys and obtain favorable plea agreements. In contrast, municipalities with less favorable socioeconomic conditions might depend more heavily on overburdened public defenders, thereby increasing the likelihood that defendants will accept the charges against them. Utilizing Geographic Information Systems (GIS) and spatial analysis, this study strives to determine whether patterns of plea bargaining correlate spatially with the socioeconomic indicators of Colombian municipalities--more specifically, using 2019 plea bargain data from the Colombian Attorney General's Office and some socioeconomic indicators derived from the 2018 National Administrative Department of Statistics (DANE) data. The findings of this study contribute to the gap in our understanding of plea bargains in Latin America, as well as to the broader research and policy implications on prosecutorial practices.

Authors

• Eduardo Mendoza Montoya, Florida International University

• Rachel Silverthorn, Florida International University

• Besiki Luka Kutateladze, Florida International University