91172.pdf

120 3 Court and the Legal System—Adult Foivnsics

Forensic Psychology and Policy Implications

With regard to plea bargaining, we have discussed some of the psychological and
legal issues for both the defendant and the justice system in general. The issue
of fear and coercion is only one of many pertaining to plea bargaining. What is
the impact of plea bargaining on society and the individuals within it? Is it truly
beneficial to the defendant, as he or she does in fact receive a better "deal"? Or
is the defendant forced to plead guilty by fear of the possible consequences? Is
the system of justice letting criminals off "easy" or is it taking more criminals off
the streets by ensuring a guilty plea to some offense? The Supreme Court ac-
knowledged in Santobcllo v. New York (1971) that plea bargaining is essential to the
justice system and is to be encouraged. While we can assume that an abolition
of plea bargaining would exceed the resources of our justice system, chief justice
W. Berger s usage of the phrase "properly administered" seems to be a more impor-
tant consideration. The system of justice in the United States must respond to the
controversy by considering all of the issues addressed and determine the most ap-
propriate (and beneficial to all parties involved) way of utilizing the plea bargaining
process.

Suggestions for Future Research

Further research needs to be conducted on alternatives to plea bargaining. The
effects of abolition of plea bargaining and alternatives to plea bargaining have been
debated for some time. An adequate alternative to plea bargaining, however, has yet
to be established and implemented. More practical questions may revolve around
the improvement of existing plea bargaining policy. To understand how policy may
be improved, it is important to understand the psychological impact on defendants
faced with the prospect of plea bargaining.
While we know that the majority of cases are plea bargained, future research
could address the reasons that individuals choose to plea bargain. For example, do
defendants feel that their chances of being found not guilty by a jury are slim? If
so, does it depend on the specifics of the case or is there a broad lack of confidence
about jury verdicts? Recall that some defendants may feel coerced or fear the un-
determined consequences of being found guilty at trial. Ifjury verdicts were more
consistent and external influences (e.g., pretrial publicity) were not a factor, would
that change the defendant's decision? What about the defendant's confidence in her
or his attorney? Court-appointed attorneys (public defenders) may be perceived as
less likely to represent the defendant well at trial and, thus, the defendant may be
more inclined to accept a plea bargain.
The fact that plea bargaining will significantly impact an individual's future is well
understood. Future research should be concerned with the thoughts that influence
defendants when faced with such a decision. The advantage to the legal system