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Dissertation
Plea bargaining recommendations by criminal defense attorneys: legal, psychological, and substance abuse rehabilitative influences
Doctor of Philosophy (Ph.D.), Drexel University
Jun 2005
DOI:
https://doi.org/10.17918/etd-885
Abstract
Most criminal cases are disposed of through the process of plea bargaining. However, almost no research has focused on this process. This study examined the plea bargaining process from the perspective of the criminal defense attorney. Attorney participants responded to a survey containing two vignettes presented in a 2 x 2 x 2 between-subjects design. The first vignette systematically manipulated the variables likelihood of conviction based on the strength of the evidence, the defendant's wishes on whether to plead guilty or go to trial, and the potential sentence if convicted. The second vignette systematically manipulated the variables likelihood of conviction based on the strength of the evidence, the defendant's acknowledgement or denial of a substance abuse problem, and defendant's substance abuse rehabilitative history. Attorney participants answered additional questions included on all versions of the survey on the legal, psychological, and substance abuse rehabilitative influences that may affect their decision making when advising plea bargains to their clients. As hypothesized, there were statistically significant differences between how criminal defense attorneys rated the likelihood of recommending a plea bargain to a criminal defendant in both vignettes. For the first vignette, a significant 3-way interaction and other significant results suggested that strong evidence was a most influential variable with respect to attorney recommendations, particularly when the potential sentence was high and (paradoxically) when the client wished to go to trial. For the second vignette, a significant 2-way interaction and significant main effect findings lend some further support that strong evidence is a most influential variable with respect to attorney recommendations regardless of type of case, and some limited support that a criminal defendant's acknowledgement of a substance abuse problem is an influential variable with respect to attorney recommendations when diversion to drug court is a viable plea option. The implications of these results are discussed using prominent theories in mental health law such as therapeutic jurisprudence and procedural justice.
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Details
- Title
- Plea bargaining recommendations by criminal defense attorneys
- Creators
- Greg M. Kramer - DU
- Contributors
- Kirk Heilbrun (Advisor) - Drexel University (1970-)
- Awarding Institution
- Drexel University
- Degree Awarded
- Doctor of Philosophy (Ph.D.)
- Publisher
- Drexel University; Philadelphia, Pennsylvania
- Resource Type
- Dissertation
- Language
- English
- Academic Unit
- Psychological and Brain Sciences (Psychology); College of Arts and Sciences; Drexel University
- Other Identifier
- 885; 991014632505104721