Bargained Justice: The Rise of False Testimony for False Pleas

60 Pages Posted: 29 Jan 2021

See all articles by Andrew Pardieck

Andrew Pardieck

Southern Illinois University School of Law

Vanessa Edkins

Florida Institute of Technology

Lucian E. Dervan

Belmont University School of Law

Date Written: August 1, 2020

Abstract

The authors conducted a multi-year psychological deception study in the United States, Japan, and South Korea to gain greater understanding of the phenomenon of false pleas of guilty by the innocent. The study also explored whether innocent participants would be willing to offer false testimony in return for the benefits of a plea bargain. Our data indicate that a significant number of individuals are not only willing to falsely plead guilty in return for a benefit, they are also willing to falsely testify against others in official proceedings to secure those advantages for themselves. This is the first time laboratory research has demonstrated the false plea phenomenon in different countries, cultures, and legal systems. It is also the first time laboratory research has documented the phenomenon of false testimony in return for the benefits of a plea bargain. The article also contains information regarding the history of plea bargaining in the United States, Japan, and South Korea, a discussion of the current debate about plea bargaining in each jurisdiction, and a brief review of potential paths forward to address plea bargaining's innocence problem.

Keywords: Criminal Justice, Criminal Procedure, Plea Bargain, Plea Bargaining, False Plea, Innocent, Innocence, False Testimony, Co-Defendant, Japan, South Korea, International

JEL Classification: K00, K10, K14, K33, K40, K41, K42

Suggested Citation

Pardieck, Andrew and Edkins, Vanessa and Dervan, Lucian E., Bargained Justice: The Rise of False Testimony for False Pleas (August 1, 2020). Fordham International Law Journal, Vol. 44, No. 2, 2020, Available at SSRN: https://ssrn.com/abstract=3768687

Andrew Pardieck

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States

Vanessa Edkins

Florida Institute of Technology ( email )

150 West University Blvd.
Melbourne, FL 32901-6975
United States

Lucian E. Dervan (Contact Author)

Belmont University School of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States

HOME PAGE: http://www.belmont.edu/law/

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