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Plea Bargaining - A Case of Justice?

NCJ Number
84409
Author(s)
D J Griffith
Date Published
1980
Length
118 pages
Annotation
The study examines the effect of individual and case characteristics on a defendant's ability to obtain a favorable outcome from criminal justice system processing.
Abstract
Favorable outcome for the defendant rather than disposition type was used as the dependent variable. Plea bargains when the State's case is strong and trials when the State's case is weak were considered outcomes favorable for the defendant. Previous findings on factors determining the frequency of plea bargaining were incorporated into an exchange model, and relevant hypotheses were developed to predict their effect on a favorable outcome for the defendant. Study results indicate that charge severity and type of offense are the best predictors of an outcome favorable to the defendant. Criminal record and defendant's age and status pending case resolution also had a slight effect on the odds of obtaining a favorable outcome for the defendant. Generally, the results were consistent with the exchange model. However, many of the predictors suggested by prior research as determinants of a favorable or unfavorable outcome, depending upon the assumptions made about plea bargaining, were not replicated. Tables and references are provided. (Author abstract modified)