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Article
Judicial Involvement in Plea-Bargaining
Psychology Public Policy and Law
  • Kelsey S. Henderson, Portland State University
  • Erika N. Fountain, University of Maryland - Baltimore County
  • Allison D. Redlich, George Mason University
  • Jason A. Cantone, George Mason University
Document Type
Pre-Print
Publication Date
10-7-2021
Subjects
  • Judicial Involvement -- Legal status laws etc. -- United States,
  • Defense (Criminal procedure)
Disciplines
Abstract

The topic of judicial involvement in plea negotiations is a controversial issue, with potential benefits (e.g., ensuring that the process is fairer) and risks (e.g., inducing an innocent defendant to plead guilty). Currently, 20 jurisdictions explicitly prohibit judicial involvement in plea negotiations, whereas eight permit some type of involvement. We surveyed state court judges about judicial involvement in plea bargaining (colloquy and negotiations) and their perceptions on judicial participation. We expected judges in states that prohibit judicial involvement in negotiations to have a more negative view of judicial participation compared with judges in states that permit involvement or those in states that have no explicit laws permitting or prohibiting it. Our sample consisted of 233 state court judges, in states that permit, prohibit, or make no mention in their state policies regarding judicial involvement in plea negotiations. Our survey addressed components of standard involvement (judges’ expectations of the parties’ responsibilities and judges’ experiences with plea colloquies) and expanded involvement (judges’ experiences with and perceptions of participation in plea negotiations). Judges in permit states were more likely to endorse the benefits of increased judicial participation in plea negotiations compared with judges in no mention and prohibit states. Conversely, judges in prohibit states were more likely to acknowledge the existence of risks of increased judicial participation in plea negotiations compared with judges in no mention and permit states. These data suggest policies and procedures are not only associated with judges’ behavior in plea-bargaining but also their perceptions of this controversial practice.

Description

This is the author’s version of a work. Changes resulting from the publishing process, such as peer review, editing, corrections, structural formatting, and other quality control mechanisms may not be reflected in this document.

DOI
10.1037/law0000327
Persistent Identifier
https://archives.pdx.edu/ds/psu/36886
Citation Information
Kelsey S. Henderson, Erika N. Fountain, Allison D. Redlich and Jason A. Cantone. "Judicial Involvement in Plea-Bargaining" Psychology Public Policy and Law (2021) ISSN: 1076-8971
Available at: http://works.bepress.com/kelsey-henderson/12/