Adolescent Plea Bargains: Developmental and Contextual Influences of Plea Bargain Decision Making
Year: 2017
Type: dissertation
Abstract: Problem.Plea-bargaining is the most common conviction process in the United States yet there is a lack of research on how plea bargain decisions are made within the judicial process.By accepting a plea bargain, a defendant is ultimately agreeing to waive their right to trial.To submit a trial waiver, defendants must be competent to stand trial.Research suggests that compared to adults, adolescents are less likely to have the capacities required to be competent to stand trial.This study takes a first step toward examining adolescent capacities to make intelligent, knowing, and voluntary trial waiver decisions.Additionally, this study examines contextual factors (i.e., parental engagement) that are unique to juvenile defendants and that may play a role in adolescent decision making.Aims.This dissertation takes a mixed methods approach (using a combination of quantitative and qualitative methods) to accomplish two primary objectives.The primary objectives are to (1) understand the plea bargain process adolescents are expected to navigate and to (2) examine the knowing, intelligent, and voluntary nature of adolescent plea bargain decisions.Method.Through two studies this dissertation uses multiple research methods to evaluate the plea bargain process, the context in which decision making occurs, and the decision-making process adolescents engage in.Study one is exploratory and qualitative in nature and aims to accomplish primary objective one through interviews with 18 defense attorneys.Interviews cover topics such as the plea bargain process, duration and iv frequency of consultation, preparation for plea bargain decision making, and parental engagement.Study two accomplishes primary objective two by using semi-structured interviews with 72 justice-involved youth (ages 11-17) and one of each of their parents.Data was collected on plea-bargain decision-making, understanding of pleading, measures of intelligence, and basic demographics.General Results.Findings suggest that juvenile plea bargain decisions are made quickly, with limited information, and are motivated by short-term outcomes.Parents are involved in plea bargain discussions and, per attorneys, are essential to the plea.Finally, some adolescents were more likely than others to acquiesce to their parent's decisions.Results and implications of this work will be discussed.v ACKNOWLEDGEMENTS This dissertation would not have been possible without the generous support of so many of those around me.First, I am so grateful to the attorneys and families who participated.I cannot thank them enough for their willingness to share their experiences and their patience with the (often long) interviews.Many thanks to the research assistants in the Georgetown Community Research Group who have worked diligently on this project over the last two years.Special thanks are due to Blaine Campbell, the most dedicated recruiter, and Emily Van Blargan for her efforts transcribing many of the attorney interviews.Alyssa Mikytuck, my one true lab partner the last two years, thank you for helping me stay sane, sharing the load, and keeping the lab running while I wrote this dissertation.Without you, this dissertation would not have been possible and for that I am eternally grateful and owe you a lifetime supply of dark chocolate.Sarah Vidal, my original lab sibling, thank you for setting the bar incredibly high, and always being willing to offer advice so that I might try to meet it.I'm still reaching.I am incredibly grateful to the outstanding scholars on my committee for their guidance throughout this dissertation.A special thank you to Dr. Rachel Barr for helping me remain grounded in developmental theory and supporting me from my first year as a graduate student through coursework, informal meetings on teaching, and now this dissertation.Professor Wallace Mlyniec, thank you for taking a chance on a psychology student who wanted to learn as much about the law as possible.Thank you also for the many hours spent discussing plea bargains and juvenile justice.It was these early conversations that shaped this dissertation and that ensured this project remained rooted in the real world experiences of those engaged with juvenile courts.Finally, Dr. Allison Redlich, thank you first and foremost for creating a space within psychology for research on plea bargaining.This dissertation is inspired by much of your work and I am incredibly
Author: Erika Fountain
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2736208738