How Socioeconomic Status Affects the Likelihood of Accepting Plea Bargains

In recent decades, plea bargaining has become the primary way of resolving criminal cases. Individuals are waiving their constitutional right to a trial of their peers in order to avoid the ramifications that come with going to court. Specifically, this makes those of lower socioeconomic status extremely vulnerable to the workings of the legal system, especially to any predatory behavior. 

This study examines the relationship between socioeconomic status and plea bargaining, specifically looking at how and why those of lower socioeconomic status are more likely to accept plea bargains. Data on public defense, prosecutorial discretion, and pretrial detention, were examined to develop an understanding of the decision-making process for those in lower socioeconomic statuses. The findings suggest that defendants with lower socioeconomic status are more likely to accept plea bargains, as they are more vulnerable to the negative consequences that can be inflicted upon them before and during a trial. Due to a lack of quality representation and the effects of prosecutorial discretion, many individuals of lower socioeconomic status have virtually no choice but to accept their offered plea bargains.

To alleviate these inequities in the system, a multifaceted policy is offered that will limit prosecutorial discretion and increase quality defense representation. These results highlight the socioeconomic disparities faced by those in the criminal justice system and how these inequalities can affect the outcomes of criminal cases. It is vital to implement changes, like the proposed policy, to promote equity and improve the fairness of the criminal justice system.

Jane Kincaid

Jane Kincaid (she/her) is a senior from Leawood, Kansas, majoring in Criminology & Criminal Justice and Political Science, with a concentration in Public Law. She is finishing her final year of undergraduate studies as well as her second semester in the Accelerated Criminology & Criminal Justice Masters Program. Jane has had the opportunity to work for many great offices, including the SLU School of Education, the St. Louis TapIn Center, and Congressman Emanuel Cleaver, II. Jane's research interests revolve around criminal justice policy, specifically the racial and economic inequities in our criminal justice system. Outside of academia, Jane enjoys traveling, watching movies, and hanging out with friends.