The Plea Bargaining Process From the Defendant's Perspective: A Field Investigation

Abstract

The factors influencing a defendant's decision to accept a plea bargain were investigated in a field study. Convicted defendants who had plea bargained their cases (N = 67) were interviewed. Data were collected that included: reasons for plea-bargain acceptance, firmness of decision, satisfaction with the plea bargain, and other plea-related information. A factor analysis showed seven significant factors contributing to plea-bargain acceptance. A subsequent discriminant analysis showed that defendants who had accepted a plea bargain primarily to minimize suffering tended to feel that their best deal was mediocre and that the defense attorney had little input into the decision. Defendants accepting for reasons other than minimization of suffering tended to feel pressure from the prosecutor and felt that conviction was likely. Additionally, firmness and satisfaction with the decision to accept were negatively related to external sources of pressure.