Pleading for justice: bullpen therapy, pre-trial detention, and plea bargains in American courts
What role do extra-legal factors play in whether defendants plead guilty to a criminal offense? In this study, we provide qualitative evidence that pretrial detention is a contributing factor in adjudication outcomes. Many of our subjects reported that the prospect of being held in unsanitary and un...
| Authors: | ; ; |
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2022
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| In: |
Crime & delinquency
Year: 2022, Volume: 68, Issue: 2, Pages: 159–182 |
| Online Access: |
Volltext (lizenzpflichtig) |
| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
| Keywords: |
| Summary: | What role do extra-legal factors play in whether defendants plead guilty to a criminal offense? In this study, we provide qualitative evidence that pretrial detention is a contributing factor in adjudication outcomes. Many of our subjects reported that the prospect of being held in unsanitary and unsafe jails was sufficient to induce their acceptance of a plea, even when they maintained their innocence. Others worried that being held pre-trial would have a negative impact on employment and family responsibilities, and so chose to plead. Our quantitative analyses bolster these self-reports: in a national sample, defendants held in custody pre-trial are significantly more likely to enter a guilty plea, all else equal. These findings have important implications for individual outcomes, but also for the accountability of the criminal justice system as a whole. |
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| ISSN: | 1552-387X |
| DOI: | 10.1177/0011128721999339 |