Abstract

Despite the prevalence of plea bargaining, few studies have endeavored to measure public support of it. The few that did neglected offender characteristics even when it is a core consideration stipulated by prosecution policy in plea bargaining decision making. This study argues that public approval toward plea bargaining is not binary but rather multifaceted and is dependent upon a variety of factors including the parties involved, the type of plea bargain reached, and the characteristics of the defendant. Telephone interviews were conducted with respondents selected randomly from Hong Kong ( N = 374) who responded to a series of hypothetical plea bargaining scenarios. Public approval was higher when there was judicial presence and when offenders were elderly, had a clean criminal record, and displayed remorse. It was lower for fact bargaining and offenders from high-income families. Policy implications and reform are discussed.

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