Prosecutors’ considerations when initiating plea bargaining

Abstract

Prosecutors are the key decision-makers when it comes to plea bargaining, which is responsible for the resolution of about 90% of criminal cases. We distributed a mixed-method survey to a national sample of 180 prosecutors to ask about their key considerations when initiating and prosecuting a criminal case. Additionally, the survey asked prosecutors to provide any information they wanted to share regarding plea bargaining. We then conducted a qualitative content analysis to comprehensively identify the factors the prosecutors discussed. We found several factors that prosecutors take into consideration when starting to evaluate a criminal case: attributes of the criminal defendant (e.g., criminal history), victim input (e.g., victim wishes), and factors specific to the case (e.g., evidence strength). Further, when asked if they would like to share anything regarding plea bargaining, some prosecutors stressed the necessity of the plea system, some shared their punishment orientations, and others discussed how they determine punishment on a case-by-case basis. Overall, prosecutors tended to stress criminal history as largely influential in their plea decision-making. This study provides insight into prosecutorial plea bargain decision-making while providing opportunity for future research.