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The Psychology of Defendant Plea Decision Making

Type of Source
Non-Law Review Journal
Author(s)
Allison D. Redlich, Vanessa A. Edkins, Stephanos Bibas, & Stephanie Madon
Source
72 Am. Psychologist 339
Publication Year
2017

Summary

This article focuses on the answers to two questions regarding guilty pleas: (1) who pleads guilty and why, and (2) are these plea decisions valid? The piece begins with a discussion of the history and current practice of plea bargaining. The article then discusses the factors that play into the decision to plead guilty, including social and developmental influences. Next, the authors discuss the validity of plea decisions, focusing on whether the plea was made knowingly, intelligently, voluntarily, and with a factual basis of guilt. Finally, the piece concludes with discussion of where plea bargaining research should focus in the future.

Key Quote

“[P]sychological research specific and nonspecific to plea bargaining provides insight into a host of factors that impinge upon defendants’ plea decision making. Although almost all convictions are by guilty plea, individual differences induce variation in defendants’ willingness to plead.” p. 342