The Process is Punishment: A Study on Plea Bargaining in the Lane County Criminal Justice System

• In Event: Poster Session 2

Abstract

Plea bargaining has become a cornerstone of the American criminal justice system as nearly every criminal case is resolved through this process. Dependence on this process did not happen overnight but rather through years of political turmoil beginning in the 1960s along with a number of Supreme Court decisions. My primary research question is how does the plea bargaining system operate in the Lane County, Oregon criminal justice system? The main method of data collection involved eleven qualitative interviews with local public defenders and district attorneys which were recorded and then transcribed. This research provides insight into the plea bargaining process as well as how the system affects various groups and populations. The process of plea bargaining in Lane County reveals areas of agreement around certain flaws of the system and disagreement between the prosecution and defense with a major point of contention around coercion and the gravity of prosecutorial discretion. While there are limitations, this project has the potential to advance understanding of the closed-door bargaining process and guide reform on the most prominent issues.

Authors

• Ethan Yin, University of Oregon

• Stephanie Ann Wiley, University of Oregon