Criminalizing Race: Racial Disparities in Plea Bargaining

This study identifies and assesses racial disparities in the plea-bargaining phase of the criminal justice process. Utilizing data from the Wisconsin Circuit Courts, the study reveals “striking racial disparities in these earlier stages” between white and Black defendants. Two patterns are identified to further understand these racial disparities. The first pattern suggests that the disparities in plea-bargaining outcomes are driven by cases where the defendants have no prior convictions. The second pattern suggests that prosecutors may be using race as a proxy when considering a defendant’s potential to recidivate. In addition, this study examines racial disparities in sentencing and the role of prosecutors in the plea bargaining process.

“[T]he sentencing hearing is the last stage of a process in which many other actors in the criminal justice process make decisions that have a substantial impact on a defendant’s ultimate sentencing outcome…. Understanding the role played by a defendant’s race in the[] earlier phases is critical if we wish to identify the various factors driving racial disparities in the criminal justice process and design effective reforms to reduce these disparities.” p. 1213