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Looking forward to seeing work of new Plea Bargaining Institute

By Douglas Berman

Because trials get so much attention, most folks likley do not realize that more than 90% of criminal cases are resolved through pleas. And though most persons working in the criminal justice system know that most cases are resolved through pleas, there is still precious little really known about plea bargaining.  Consequently, I am quite excited by the announcement of new organization to study pleas, detailed in this news release headlined “Plea Bargaining Institute launched to reform plea bargaining practices in the US and internationally.”  Here are the basics:

Fair Trials has partnered with Belmont University College of Law Professor Lucian E. Dervan to launch the Plea Bargaining Institute (PBI)…. PBI is a groundbreaking project that will provide a global intellectual home for academics, policymakers, advocacy organizations and practitioners working in the plea bargaining space. PBI will create an environment for the sharing of knowledge and research and for collaboration related to the reform of global plea bargaining practices.

In the US, 95% or more of criminal cases are resolved through a plea of guilty. When someone pleads guilty they waive their right to a trial, something guaranteed by the U.S. Constitution. While a plea bargain may offer advantages, such as a more lenient sentence, plea bargaining often involves coercive incentives that negatively impacts all defendants’ right to trial. Research indicates that these incentives can be so coercive that even innocent defendants plead guilty….

PBI will create opportunities for dialogue that will inspire new and innovative research and analysis, empowering those working to reform plea bargaining to more effectively shape laws, change policy, and transform practice in the United States and internationally. PBI will also work to limit the use of coercive plea bargaining and reform the practice as a whole by engaging in training to instigate sustained alternatives….

PBI will focus on the following initiatives as it begins to create a global intellectual home for plea bargaining research:

  • Summaries of research and case law developments provided in a searchable online format and in annual reports to make these materials more accessible for use by academics across various fields, policymakers, advocacy organizations and practitioners.
  • Working groups for academics, policymakers, advocacy organizations and practitioners to share knowledge and create opportunities for dialogue and collaboration.
  • An annual symposium at Belmont University College of Law in Nashville, Tennessee to establish which new areas of research are necessary to bring attention to and reform the plea bargaining system both in the US and around the world.
  • As PBI grows, the project will expand its reach, including providing education and outreach.

Visit the PBI website to find out more and sign up for updates.  Please be aware that this website is under development, the full site will launch in early 2023.