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Full-Text Articles in Social Justice

The Influence Of Prosecutorial Overcharging On Defendant And Defense Attorney Plea Decision Making: Documenting And Debiasing The Anchoring Effect, Stephanie Aurora Cardenas Sep 2021

The Influence Of Prosecutorial Overcharging On Defendant And Defense Attorney Plea Decision Making: Documenting And Debiasing The Anchoring Effect, Stephanie Aurora Cardenas

Dissertations, Theses, and Capstone Projects

Strategic overcharging, a practice that some prosecutors readily employ to threaten defendants with excessively severe sentences, undermines the Sixth Amendment right to trial by coercing defendants to plead guilty rather than face penalties disproportionate to their alleged misconduct. Legal scholars and psychologists have long suggested that strategic overcharging may elicit powerful anchoring effects that bias defendants’, but not attorneys’ evaluations, of the plea offer. The current research sought to examine (a) the extent to which mock defendants and legal professionals were susceptible to the anchoring bias, (b) elucidate the mechanism underlying susceptibility to the anchoring effect in plea contexts, and …


Parental Plea Bargain Recommendations To Their Child In A Juvenile Court Setting, Aliya J. Birnbaum Aug 2021

Parental Plea Bargain Recommendations To Their Child In A Juvenile Court Setting, Aliya J. Birnbaum

Student Theses

This study examined parent acquiescence to attorney recommendations pertaining to plea bargain decisions, as well as whether this differed based on the racial similarity between an attorney and their juvenile client’s parent. Past research has shown that youth are vulnerable to the influence of perceived authority figures in a plea-bargain setting, leading them to rely heavily on the input of their parents and attorneys for how to plead. This study expands the literature to include how attorney race impacts parents’ plea decisions. A sample of parents of youth aged 11- 17 read a vignette, in which attorney race was manipulated, …