- Home
- Data Catalog
- Influence of Eyewitness Memory Factors on Plea Bargaining Decisions by Prosecution and Defense Attorneys in California, 2010-2011
Influence of Eyewitness Memory Factors on Plea Bargaining Decisions by Prosecution and Defense Attorneys in California, 2010-2011
Add to My BasketDescription
The purpose of the study was to assess how the strength of eyewitness evidence affects plea bargaining decisions by prosecutors and defense attorneys. Surveys were administered to 93 defense attorneys and 46 prosecutors from matched counties in California. On the questionnaire, each participant was asked four background questions and read four versions of a crime scenario in which two specific eyewitness factors -- (a) same- versus cross-race identification and (b) prior contact or not -- were experimentally manipulated in a factorial design. The scenarios described a store robbery in which identification by one eyewitness was the only evidence against the defendant. After reading each scenario, attorneys were asked to respond to five questions in light of the facts presented. The study contains 28 variables including background data on the study participants and responses to questions relating to four crime scenarios that differ in terms of the details of the eyewitness evidence.
Detailed Methodology
This study utilized a convenience sample; the data were collected from county offices of the District Attorney and Public Defender in the state of California. Because the questionnaire included questions about sentencing, and sentencing guidelines vary by state in the United States, it was necessary to restrict data collection to one state. In the data collection phase, over a period of 18-months, email, telephone, and postal mail were used to contact repeatedly, the head District Attorney and Public Defender in each of the 58 counties in California, to request the participation of the Deputy District Attorneys and Deputy Public Defenders in their county. Only the data from counties in which there were completed test materials from both the offices of the District Attorney and the Public Defender were included in this study. This was done to match the two samples, at least in terms of the counties in which they served. These included 8 counties, contributing a total of 93 Deputy Public Defenders and 46 District Attorneys. Within each county, it was simply required that each participant had had felony trial experience.
- Survey (self- or interviewer-administered)