The Psychology of Defendant Plea Decision Making

Every day, thousands of defendants, prosecutors, and defense attorneys must make guilty plea decisions, such as whether to accept a plea offer or proceed to trial. Most defendants opt to plead guilty; approximately 95% of state and federal convictions result from guilty pleas. In light of a newly em...

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Bibliographic Details
Published in:The American psychologist 2017-05, Vol.72 (4), p.339-352
Main Authors: Redlich, Allison D., Bibas, Stephanos, Edkins, Vanessa A., Madon, Stephanie
Format: Article
Language:English
Subjects:
Adjudication
Cognitive Bias
Comprehension
Court decisions
Crime - psychology
Criminal Law - legislation & jurisprudence
Criminal pleas
Criminology
Decision Making
Defendants
Guilt
Heuristics
Human
Humans
Influence
Innocent people
Legal counsel
Legal Processes
Plea bargaining
Problem Solving
Psychological aspects
Psychology
Social Influences
Supreme Court Decisions
Supreme courts
Trials
United States
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Summary:Every day, thousands of defendants, prosecutors, and defense attorneys must make guilty plea decisions, such as whether to accept a plea offer or proceed to trial. Most defendants opt to plead guilty; approximately 95% of state and federal convictions result from guilty pleas. In light of a newly emerging body of research and recent Supreme Court decisions on guilty pleas, this article asks and answers 2 questions: First, who pleads guilty and why? We describe the characteristics of those who are more or less likely to plead guilty, and examine the reasons why individuals plead guilty instead of proceeding to trial, exploring the cognitive, social influence, and developmental factors that underlie decision making. Second, are defendants' plea decisions valid, in that the decisions are made knowingly, intelligently, voluntarily, and with a factual basis of guilt? That is, do defendants who plead guilty understand and appreciate the conditions and consequences of their pleas, as required by law? Are innocent people induced to plead guilty to crimes they did not commit? We conclude with suggestions to move the field of plea research forward.
ISSN:0003-066X
1935-990X
DOI:10.1037/a0040436