Peer Review: Plea Bargaining Recommendations by Criminal Defense Attorneys

Introduction and Purpose of the Article

Plea bargaining is a crucial process in the criminal justice system, considering that it is one of the quickest strategies for resolving cases. However, despite plea bargaining being such a practical strategy, little research has been directed towards understanding this process. Notably, understanding the various variables that determine a successful process is crucial for criminal defense attorneys. The article focused on three variables: potential sentence, defendant preference regarding plea, and likelihood for a conviction based on the available evidence from criminal defense attorneys' perspectives. The findings of this study would go a long way in eliminating delays while resolving cases that have been supported by strong evidence.

Study Methodology

The study adopted a between-subjects design, where the researchers focused on three variables: defendant preference, potential sentence, and likelihood for a conviction based on the available evidence. The study participants were private and public criminal defense attorneys (n=186). Kramer et al. (2007) created eight versions of the vignette by systematically manipulating the three variables and the dependent variable: the likelihood of an attorney to recommend a plea bargain. Notably, the criminal defense attorneys were required to rate their likelihood for recommending plea bargains on a five-point Likert scale ranging from very likely (5) to very unlikely (1). The researchers used a self-addressed stamped return envelope with one of the eight vignettes to obtain at least 17 responses for each cell.

Analysis/Discussion and Findings

The researchers used "rated likelihood for recommending a plea bargain" as the dependent variable to conduct a 2 x 2 x 2 between-subjects analysis of variance. The findings indicate that criminal defense attorneys are more likely to recommend plea bargains when the conviction is more likely. Similarly, criminal defense attorneys were more likely to recommend plea bargains in instances of a longer sentence, defendant wish for trial, and strong evidence. According to Kramer et al. (2007), these results are not surprising, considering that they are consistent with the notion that plea bargaining is the most favorable option when the chance of winning at trial is slim. Overall, criminal defense attorneys link weak evidence with success at trial, making it the most important variable while recommending plea bargains.

Assessment of Any Impact on Criminal Justice Professionals

The article has provided crucial insights regarding some of the variables that guide criminal defense attorneys while recommending plea bargains. As much as criminal justice professionals understand the importance of plea bargaining as an alternative to solve cases, less research has gone into this topic. The findings indicate that the strength of the evidence is the main factor that determines recommendation for plea bargain would inform these professionals. Conversely, criminal defense attorneys should consider other factors, most notably potential sentence and defendant's preference, instead of focusing only on the strength of the available evidence.

Thoughts as to whether this is a Positive or Negative Change

The findings indicate the need for criminal defense attorneys to adopt practical strategies while recommending plea bargains. Traditionally, they have been relying on the strength of evidence without considering on defendant's preferences. However, the recommendation that attorneys should honor the wishes of their clients is a positive change. As much as these attorneys have the requisite skills to understand how the criminal justice system, acting on the wishes of their clients, is considered therapeutic.

Recommendations

The plea bargaining process fails to factor in defendants' wishes, considering that they are coerced to make compromises to speed up the trial. Most of the time, criminal defense attorneys advise their clients against following their wishes but instead focused more on the available evidence and severity of sentences. However, there is a need to consider other factors besides the strength of evidence against the defendants since it would make the criminal justice process less coercive. Future research should focus on the need for criminal defense attorneys to collaborate with defendants instead of forcing them to accept plea bargains against their wishes.

Reference

Kramer, G. M., Wolbransky, M. S, & Heilbrun, K. (2007). Plea bargaining recommendations by criminal defense attorneys: evidence strength, potential sentence, and defendant preference. Behavioral Sciences and the Law , 25(7), 573–585. doi: 10.1002/bsl.759