Creating and Transferring Knowledge on Guilty Pleas

Suny At Albany, Albany NY

Investigators

Abstract

Guilty pleas, which are the near-exclusive means of conviction for juvenile and adult defendants, must be entered knowingly, intelligently, and voluntarily. The primary methods to determine whether these requirements have been met are through oral plea colloquies and written tender-of-plea forms. Despite their daily, widespread use and importance in safeguarding due process, almost no research has been conducted on these plea materials. The present research will address three questions: 1) Are defendants across differing states and age groups presented with similar components of plea materials and age-appropriate levels of understandability? 2) How are decisions to plead guilty influenced by plea understanding, guilt/innocence, age, and plea value? and 3) How do the rationales underlying plea decisions, regardless of the decisions themselves, differ by these factors? To answer the first question, state and county-level tender-of-plea forms will be obtained, and subjected to detailed content and comprehensibility analyses. The second and third research questions will be addressed via a controlled laboratory study. Juveniles and adults will partake in a study in which guilt/innocence and plea value (comparatively good vs. fair deal) will be manipulated and adjudicative competence and plea understanding will be measured. The main outcome is willingness to plead guilty. Justifications behind plea decisions will also be examined by age, understanding, and condition. Theoretical and practical knowledge will be gained about the situational and dispositional factors that influence plea decision-making. Researchers will provide insight into whether the content of plea materials is complete and comprehensible (and whether this differs by locale and age), the factors that can influence plea decisions and rationales, and the circumstances under which individuals take responsibility for acts they did and did not commit. Findings can have broad implications for juvenile and adult defendants, attorneys, scholars, and students. As social science is becoming more common in criminal courts, knowledge gained from this research has the potential to influence practice and policy, educate jurists, and safeguard rights.