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The road to a criminal conviction--does it matter how someone gets there?: a cross-section of public attitudes
Dissertation   Open access

The road to a criminal conviction--does it matter how someone gets there?: a cross-section of public attitudes

Jaymes Fairfax-Columbo
Doctor of Philosophy (Ph.D.), Drexel University
May 2019
DOI:
https://doi.org/10.17918/v4yv-7b27
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Abstract

Plea bargaining Pleas of guilty Sentences (Criminal procedure)--Public opinion Psychology
Individuals can be convicted of a criminal offense in one of two ways: via trial or via guilty plea. To convict an individual of a criminal offense via trial, a prosecutor must prove all elements of the crime beyond a reasonable doubt. In contrast, criminal defendants who choose to take responsibility for their crime and avoid trial are convicted via a guilty plea. Guilty pleas typically result from the plea bargain process, in which a criminal defendant agrees to plead guilty in exchange for a less severe punishment. Research indicates discrepancy in judges' sentences based on a defendant's conviction pathway, with judges handing down less severe sentences for defendants convicted via plea versus those convicted via trial. This is referred to as a plea discount or a trial penalty. Though a common practice within the criminal justice system, it is unclear if the concept of plea discounts/trial penalties enjoys public support. This study investigated sentencing attitudes of the general public towards a mock defendant convicted of a felony robbery crime either at trial or via a guilty plea. Participants were asked their opinions regarding (1) length of sentence imposed; (2) a mock defendant's culpability, criminal risk, and amenability to treatment; (3) common justifications for and criticisms of the plea bargain process; and (4) collateral consequences of a criminal conviction. There was a significant difference between study conditions regarding the perception that the mock defendant wished to take responsibility for his offense, but not for any other outcome variables-including length of sentence imposed. Implications regarding criminal justice practice and public policy are discussed.

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