How do You Plead, and Why? How Attorney Experience and Defendant Background Affect Plea Bargaining

How Do You Plead and Why? How Attorney Experience and Defendant Background Affect Plea Bargaining, ___ OHIO ST. J. CRIM. L. ___ (2020 Forthcoming)

15 Pages Posted: 12 Jun 2020

Date Written: 2020

Abstract

Various studies have been conducted to determine how defendants respond to plea offers and how actual innocence colors their decision. This essay describes the results of a first-of-its-kind study designed to analyze how legal counsel’s level of experience affects willingness to accept a plea offer. Furthermore, the variables of participant race, gender, and political affiliation—which are largely ignored in plea bargain research—are analyzed to provide a more robust understanding of defendants’ decision making. Potential explanations for demographic disparities in plea bargain responses, such as level of trust in the legal system, are also evaluated.

Keywords: Plea bargain, Alford plea, Criminal justice reform, Mass incarceration, Trial penalty, Race Innocence effect, False confessions,

Suggested Citation

Conklin, Michael, How do You Plead, and Why? How Attorney Experience and Defendant Background Affect Plea Bargaining (2020). How Do You Plead and Why? How Attorney Experience and Defendant Background Affect Plea Bargaining, ___ OHIO ST. J. CRIM. L. ___ (2020 Forthcoming), Available at SSRN: https://ssrn.com/abstract=3605433

Michael Conklin (Contact Author)

Angelo State University ( email )

2601 W. Avenue N
San Angelo, TX 76909
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
59
Abstract Views
119
rank
391,061
PlumX Metrics