The Role of Communication in Plea Bargaining: Insight from U.S. Defense Attorneys

• In Event: Nuanced Factors in Courts: Evidence, Communication, and Gendered Logic

Abstract

Objectives: Most criminal convictions are resolved via guilty pleas with the assistance of defense attorneys. Yet, there is little research about how defense attorneys communicate information to defendants. We examined how defense attorneys’ competing professional motivations influence discovery behavior and plea communication.

Methodology: Using an experimental survey, actual defense attorneys (n = 539) were randomly assigned to one of two conditions (Motivation: prosecutor vs. client). Participants read about a hypothetical crime, listened to a plea offer from a prosecutor containing 18 unique elements, were offered a chance to explore up to 31 discovery folders, and then asked to communicate with the hypothetical client. Hypotheses: I anticipated defense attorneys motivated to work with prosecutors would investigate fewer discovery materials and communicate fewer elements of a plea offer to their client.

Results: Prosecutor-motivated attorneys looked at significantly fewer discovery files than client-motivated attorneys (p < .001). Motivation also impacted communication. Out of 18 possible plea elements, prosecutor-motivated attorneys claimed they told their client significantly less about the plea offer than client-motivated attorneys (p =.026). There was no difference, however, in how much they actually told their client compared to client-motivated attorneys (p =.249).

Implications: We will discuss implications for research and practice.

Authors

• Mary Catlin, George Mason University

• Allison Redlich, George Mason University