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February 13, 2021

"Bargained Justice: The Rise of False Testimony for False Pleas"

The title of this post is the title of this new article available via SSRN and authored by Andrew Pardieck, Vanessa Edkins and Lucian Dervan. Here is its abstract:

The authors conducted a multi-year psychological deception study in the United States, Japan, and South Korea to gain greater understanding of the phenomenon of false pleas of guilty by the innocent.  The study also explored whether innocent participants would be willing to offer false testimony in return for the benefits of a plea bargain.  Our data indicate that a significant number of individuals are not only willing to falsely plead guilty in return for a benefit, they are also willing to falsely testify against others in official proceedings to secure those advantages for themselves.

This is the first time laboratory research has demonstrated the false plea phenomenon in different countries, cultures, and legal systems.  It is also the first time laboratory research has documented the phenomenon of false testimony in return for the benefits of a plea bargain.  The article also contains information regarding the history of plea bargaining in the United States, Japan, and South Korea, a discussion of the current debate about plea bargaining in each jurisdiction, and a brief review of potential paths forward to address plea bargaining's innocence problem.

February 13, 2021 at 06:21 PM | Permalink


Well, I'm shocked...

Posted by: Tom Root | Feb 14, 2021 8:32:45 AM

Plea bargaining should be banished forever. It perverts justice and perverts America. If you want to bring so many cases, hire more attorneys, appoint more judges. Trial by jury should be mandatory in every county in the United States. Now that would be some real prison overpopulation reform.

Posted by: restless94110 | Feb 14, 2021 1:36:56 PM

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