Whose Experience Matters? The Impact of Prosecutor and Defense Attorney Experience on Guilty Plea Outcomes in Colorado and Wisconsin

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

Abstract

Prosecutors are often seen as having the most influence on guilty plea outcomes. Very little is known, however, about the impact of levels of prosecutor and defense attorney experience. This study focuses on prosecutor and defense attorney experience and guilty plea outcomes across two states. Using data from 72 counties in Wisconsin and 18 judicial districts in Colorado, we examine the impact of prosecutor and defense attorney levels of experience on guilty plea outcomes for cases disposed in 2023. Controlling for defendant- and case-level factors, we consider both absolute and relative levels of prosecutor/defense attorney experience on the likelihood of a guilty plea, charge reduction, and sentence of incarceration. We find that both prosecutor and defense attorney experience matters, but that prosecutor experience matters more--with cases involving experienced prosecutors more likely to result in a guilty plea and a reduction in charges. We also find that cases involving a change in defense attorney representation are less likely to result in a guilty plea and to receive a charge reduction.

Author

• Don Stemen, Loyola University Chicago