PLEA BARGAINING: A CASE OF JUSTICE?
Abstract
This study examines the effect of individual and case characteristics on a defendant's ability to obtain a favorable outcome from criminal justice system processing. The intent of the research is to overcome some of the weaknesses of previous research on plea bargaining. Central to these weaknesses in the necessity of vascillating between assumptions concerning the favorability of plea bargaining for the defendant when interpreting the results of studies of individual and case characteristics as determinants of the frequency of plea bargaining. To obtain this goal, favorable outcome for the defendant rather than disposition type is used as the dependent variable. Plea bargains when the State's case is strong and trials when the State's case is weak constitute the outcomes favorable for the defendant. The previous findings on factors which determine the frequency of plea bargaining were incorporated into an exchange model and relevant hypotheses were developed to predict their effect on a favorable outcome for the defendant. The results of the study indicate that charge severity and type of offense are the best predictors of an outcome favorable to the defendant. Criminal record, age of the defendant and the defendant's status pending case resolution also had a slight effect on the odds of obtaining a favorable outcome for the defendant. Additionally, several interactions were found, suggesting that the effects of individual and case characteristics may not be as simple as prior research would suggest. Generally, the results were consistent with the exchange model. However many of the predictors suggested by prior research as determinants of a favorable or unfavorable outcome, depending upon the assumptions one made about plea bargaining, were not replicated. This suggests that when unilateral assumptions about the favorability of disposition types are not made a new conceptualization of processing within the criminal justice system emerges--one which will need further development but which is nonetheless a more realistic conception of the modes of operation within this system.
Degree
Ph.D.
Subject Area
Criminology
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