Behavioral economics and framing effects in guilty pleas: A defendant decision making experiment

LM Garnier-Dykstra, T Wilson - Justice Quarterly, 2021 - Taylor & Francis
LM Garnier-Dykstra, T Wilson
Justice Quarterly, 2021Taylor & Francis
With over 90% of convictions resulting from guilty pleas, it is of great importance to examine
factors influencing the likelihood of plea acceptance. Prior research suggests individuals are
risk-seeking in the domain of losses, prompting questions related to why potentially innocent
defendants would plead guilty. Birke suggests defendants may view pleas as a gain, making
them more risk-averse. The current study uses an experiment to explore how the framing of
a plea bargain impacts the likelihood of plea acceptance. Undergraduate criminal justice …
Abstract
With over 90% of convictions resulting from guilty pleas, it is of great importance to examine factors influencing the likelihood of plea acceptance. Prior research suggests individuals are risk-seeking in the domain of losses, prompting questions related to why potentially innocent defendants would plead guilty. Birke suggests defendants may view pleas as a gain, making them more risk-averse. The current study uses an experiment to explore how the framing of a plea bargain impacts the likelihood of plea acceptance. Undergraduate criminal justice students (n = 501) were presented with two plea bargaining scenarios with the guilty plea randomly assigned to be framed as a gain, loss, or neutral. Results indicate that framing a plea as a gain (as compared to neutral or loss) induces the innocent and discourages the guilty to plead guilty across every appraised subgroup based on individual-level factors. Implications for future research and defendant decision-making are discussed.
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