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Race and the Probability of Pleading Guilty

NCJ Number
126621
Journal
Journal of Quantitative Criminology Volume: 6 Issue: 3 Dated: (September 1990) Pages: 315-334
Author(s)
C A Albonetti
Date Published
1990
Length
20 pages
Annotation
Because the decision to plead guilty is an important turning point in the criminal justice process, this study first estimates a single multivariate probit equation including only main effects followed by a comparison of black defendants and white defendants.
Abstract
Data were collected on 464 felony cases involving males processed in Norfolk, Virginia. Variables related to defendant characteristics (race, marital status, and prior record) and to evidence (physical evidence, eyewitnesses, number of witnesses, and confession). Probit estimates are used to model the probability of a guilty plea disposition. The findings reveal that black defendants are less likely to plead guilty than white defendants and that pleading guilty is associated, but not significantly, with detention at the bail hearing. Defendants represented by private counsel are less likely to plead guilty as are defendants accused of using a weapon. Only the existence of physical evidence or a confession to the offense influences the guilty plea decision significantly. The comparison between black and white defendants suggests that black defendants are more often detained during pretrial proceedings, are less likely to retain private counsel, are less likely to confess, are more likely to use a weapon, and are more likely to be charged with crimes carrying prison penalties exceeding five years. The author suggests that black defendants may be less willing to plead guilty because they have less confidence in the criminal justice system and do not want to be placed in a vulnerable position. 5 tables and 42 references (Author abstract modified)

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