Authors
Miko M Wilford, Annabelle Shestak, Gary L Wells
Publication date
2019/3/5
Journal
Psychological science and the law
Pages
266-292
Publisher
Guilford Press
Description
Over 97% of US federal convictions and 94% of state convictions are secured via guilty pleas and are never presented at trial (Bureau of Jus-tice Statistics, 2015). Although we cannot discern what proportion of these guilty pleas were prompted by plea negotiations, it is broadly acknowl-edged that plea bargaining has become common practice in the US legal system (Fisher, 2000). This trend toward plea convictions is not isolated to the United States, though the practice goes by different names in different countries (eg, abbreviated trials, cooperation agreements, crown witness programs). The nonprofit organization Fair Trials (2016) identified 46 countries that have introduced forms of plea bargaining in the last 30 years (since 1990). A number of other countries have increased their reliance on plea bargaining. China provides the most dramatic example, with a plea rate of 33% in 2010 and 83% 3 years later. Russia’s plea rate has also grown considerably, with 37% of cases disposed of via “abbreviated trials” in 2008 and 64% in 2014. Clearly, pleas are on the rise, increasing the importance of further plea research.
This chapter provides a unique analysis of plea-bargaining research. We begin with a discussion of plea bargaining’s complexity and the power of the situation. We also present current plea trends, particularly in the United States, and briefly define plea components, as well as types of pleas. We then highlight the social components of plea bargaining and the dilemma plea researchers face, comparing and contrasting pleas with confessions, and reviewing current plea research, as well as related issues. We conclude by reviewing …
Total citations
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Scholar articles
MM Wilford, A Shestak, GL Wells - Psychological science and the law, 2019