Impact of Procedural Modifications on Evaluations of Plea Bargaining

Abstract

An experiment was conducted to assess the preferences of undergraduates and inmates for two possible modifications of plea bargaining: allowing the defendant to participate and including a state-paid or community-volunteer mediator in the negotiation. Respondents were asked to role-play a defendant who was either innocent or guilty of a murder and confronted with either weak or strong state's evidence. Results indicate that all defendants preferred plea bargaining procedures which included the defendant. Undergraduates preferred procedures which involved a mediator, but inmates were neutral toward this modification. Undergraduates preferred a state-paid mediator, while inmates preferred a community volunteer. Several interactions qualifying these effects are discussed in the paper.