Pre-trial Agreement Research Articles

Crimes and Punishment: Blacks in the Army’s Criminal Justice System

Are Blacks discriminated against in U.S. Army courts-martial? This article reviews the literature and presents original research to address this question. Other topics examined include the overrepresentation of Blacks in the Army courts-martial and soldiers’ perceptions of the fairness of the justice system. I examined all aggravated assault charges heard in Army courts-martial during a 6-year period and found several striking differences. White defendants are far more likely to have a pretrial agreement (i.e., plea bargain) than are Blacks (69% vs. 51%), and hence, Whites are more likely to plead guilty (87%) than are Blacks (72%). These same patterns are found when all courts-martial, regardless of offense, are analyzed for the same 6-year period. Once a defendant enters the Army courts-martial system, there is no statistical evidence of discrimination. If discrimination occurs in this process, it will occur where commanders have greater discretion (e.g., for less serious offenses, prior to deciding on courts-martial). Suggestions for further research are offered.

Abolition of plea bargaining in the coast guard

In the administration of criminal justice, the abolition or restriction of plea bargaining has raised many issues. Of primary concern is the impact on court systems and case dispositions. This research note looks at the Coast Guard military justice system and its 1975 decision to abolish pretrial agreements, effectively eliminating plea bargaining in that system. Studying criminal cases from 1973 to 1978, we determine if that intervention in a time series exhibits any potency. Specifically, what difference did the abolition of plea bargaining make? We find that the abolition of plea bargaining did not make much of a difference to the Coast Guard military justice system, similar to the conclusions drawn from studies of civilian courts.

Suit, Settlement, and Trial: A Theoretical Analysis under Alternative Methods for the Allocation of Legal Costs

Suit, Settlement, and Trial: A Theoretical Analysis under Alternative Methods for the Allocation of Legal Costs