What Kind of Bargain Is a Plea?

Abstract

I examine the correlates and consequences of plea bargains at the ad hoc international criminal tribunals. I first examine the prevalence of those factors that are associated with the occurrence of plea bargains in order to better understand the circumstances under which they occur. I analyse whether certain types of case characteristics appear to be associated with plea bargains, such as instances in which the defendant surrenders. I also look to see what case characteristics tend to occur in concert with plea bargains, such as cooperation with the prosecution. My purpose here is to elucidate the context in which plea bargains occur in order to better understand their role in the international criminal justice enterprise. I find that plea bargains do not always lead to reduced sentences as many would expect.