Pleading Guilty: A Voluntary or Coerced Decision?

Abstract

AbstractThe empirical literature on plea decisions shows that rational motives and coercion may coexist, but there is uncertainty with regard to whether accused feel that their decision is voluntary or made under considerable pressure. However, in most jurisdictions, the legitimacy of the plea bargaining process rests on the Court’s obligation to ensure that the guilty plea is entered voluntarily and knowingly. This study proposes to understand how the accused interpret the rational or coercive elements of their decision-making process and the extent to which their decision to plead guilty is voluntary. Based on semi-structured interviews with twenty convicted individuals, we describe the different decision-making processes, from free and informed decisions to forced decisions to plead guilty while innocent.