Social and Behavioral Sciences Commons^™

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

An Offer You Cannot Refuse: Understanding The Elusive Construct Of "Voluntary" Plea Decisions, Melanie B. Fessinger

Dissertations, Theses, and Capstone Projects

Defendants often plead guilty in exchange for reduced punishments. Some argue that these reduced punishments are necessary for the functioning of the criminal justice system, whereas others argue that they are inherently coercive because they place a burden on the exercise of constitutional rights. This potential coercion is of concern because the constitution requires valid guilty pleas to be made by defendants voluntarily. However, “voluntary” is an elusive construct of which courts, scholars, and laypeople have differing definitions. Although limited research has focused specifically on perceptions of voluntary pleas, decades of research have shown that individuals generally perceive decisions more …