Trial Judges' Participation in Plea Bargaining: An Empirical Perspective

TLDR: In this article, the authors examined the role of the trial judge in plea bargaining and found that the judge is often an important or crucial actor in the construction of plea agreements, a finding that contradicts much of the legal and social science literature.

Abstract: The trial judge's role in plea bargaining is examined, using national survey data supplemented by observations and interviews. We analyze the frequency with which judges participate in plea discussions and the organizational, social, and legal contexts that affect the judicial role. Our data suggest the trial judge is often an important or crucial actor in the construction of plea agreements, a finding that contradicts much of the legal and social science literature. Several variables directly influence what role a judge will adopt, including self-perceived skill at negotiating and whether the state has a court rule or case law prohibiting or discouraging judicial participation. Future research should focus upon the impact of judicial participation in plea bargaining.