Abstract
Prosecutors are the key decision-makers when it comes to plea bargaining
(Ball, 2006; Davis, 2001), which is responsible for the resolution of
about 90% of criminal cases (Johnson, 2023). We distributed a
mixed-method survey to a national sample of 180 prosecutors to ask them
their key considerations when they initiate and prosecute a criminal
case. Additionally, our survey asked prosecutors to provide any
additional information they wanted to share regarding plea bargaining.
We then conducted a qualitative content analysis, informed by Schreier
(2012), to comprehensively identify the factors the prosecutors
discussed. We found several factors that prosecutors take into
consideration when starting to evaluate a criminal case: qualities of
the criminal defendant (e.g., criminal history), victim input (e.g.,
victim wishes), and factors specific to the case (e.g., evidence
strength). Additionally, when asked if they would like to share anything
regarding plea bargaining, some prosecutors stressed the necessity of
the plea system, some shared their punishment orientations, and others
discussed how they determine punishment on a case-by-case basis.
Overall, prosecutors tended to stress criminal history as largely
influential in their plea decision-making. This study provides insight
into prosecutorial plea bargain decision-making while providing
opportunity for future research.