Examining the role of race in plea decision-making for defense attorneys and laypeople

Abstract

Guilty pleas and trials both result in convictions, however, the plea process is significantly shorter, and most convictions are secured through guilty pleas. Defendants typically only see their defense attorney during this process, so the advice that they give carries weight. Because defendants may have little time with their defense attorney before making a plea decision, they may turn to other people, such as their friends or family for advice. The racial biases of legal actors and laypeople may influence the advice they give to their clients or friends who are facing plea decisions. The current thesis examined the effects that racial biases have on plea decision making and recommendations. Study 1 explored the extent to which defense attorney recommendations differ depending on the race of the defendant and the strength of the evidence. Results indicate that defense attorneys do not make decisions based solely on the race of the client, but rather in conjunction with other factors, such as the evidence. Defense attorneys thought that it would be better for Black defendants with strong evidence to accept a plea deal than similarly situated white defendants. Study 2 explored the extent to which peer recommendations differ depending on the race of the defendant and the strength of the evidence. Results indicate that students are influenced by both race and evidence strength separately, but not together. Student participants are influenced by the race of the client, but in a counterintuitive pro-Black direction where they thought that their white friends were more guilty, so they were more likely to recommend the plea deal. The additional analysis compared the results of Study 1 and Study 2 to explore if defense attorneys and student participants make different plea-related recommendations and judgments. Results of the additional analysis indicate that student participants demonstrate more racial bias in their recommendations, and they are more pro-plea than defense attorneys. This is theorized to be because defense attorneys have more experience in the criminal justice system and with Black defendants. Together, these studies increase the field’s understanding of the role that race plays in plea recommendations and the criminal justice system as a whole.