Criminal Procedure Commons^™

The Innocence Effect, Oren Gazal-Ayal, Avishalom Tor

Oren Gazal-Ayal

Nearly all felony convictions—about 95%—follow guilty pleas, suggesting plea offers are very attractive compared to trials. Many scholars, in fact, argue plea bargains are too attractive and should be curtailed because they facilitate the wrongful conviction of innocents. Others contend plea offers only benefit innocent defendants, providing an alternative to the risk of a much harsher sentence at trial they may wish to avoid. Both detractors and supporters thus believe plea bargains often lead innocents to plead guilty. The two camps in the debate, moreover, also share the view that defendants’ culpability matters little for the rate of plea bargaining, …