Prosecutors and Plea Bargains

Abstract

This chapter focuses on the prosecutor’s role in plea bargaining. To guide the analysis, a simple theoretical model is developed, exploring the interaction between the prosecutor and the defense in the plea bargaining process. This theoretical framework is then used to organize the relationship between plea bargaining and the prosecutor in the likelihood of going to trial and the size of the plea discount. With regard to going to trial, three important dimensions are evaluated: (1) the expectations of the outcome to arise if the case goes to trial, (2) the magnitude of the stakes if convicted, and (3) the costs involved with going to a jury trial. Finally, the theoretical model is used to evaluate the size of the plea discount obtained.