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Pleading Guilty until Proven Innocent: How Our Justice System Contributes to Wrongful Convictions
Abstract
To understand the unique phenomenon of pleading guilty to crime for which one is factually innocent, particularly in the instance of drug crimes, it is important to understand the structural and contextual factors that influence such decisions. When considering the impacts of policies like the War on Drugs, the subsequent changes to policing, along with the virtually limitless power of prosecutors, it becomes clearer why some groups, like people of color, are overrepresented among the wrongfully convicted. The most efficient method of securing convictions is through plea agreements, in which the defendant agrees to plead guilty to what are often reduced charges- in fact, this is how the vast majority of criminal cases are resolved. However, defendants are not equally likely to agree to plea agreements, nor are they offered uniformly, or their benefits meted out equally among defendants. Using data provided by the National Registry of Exonerations, which contains the known universe (N=3,078) of wrongful convictions in the United States since 1989, I investigate how race, gender, age, and conviction type influence the likelihood of pleading guilty while factually innocent, and how race, gender, age, conviction type and pleading guilty influence the imposition of a custodial sentence, and the length of that sentence while factually innocent. This study illustrates the direct and indirect effects of race and gender, suggesting a path of how disadvantage accumulates throughout the phases of the criminal-legal system.
Citation
Huey, Eileen Lanette (2022). Pleading Guilty until Proven Innocent: How Our Justice System Contributes to Wrongful Convictions. Doctoral dissertation, Texas A&M University. Available electronically from https : / /hdl .handle .net /1969 .1 /198772.