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Assessing the Impact of Plea Bargaining on Subsequent Violence for Firearm Offenders

NCJ Number
309600
Author(s)
Brian Johnson; Kiminori Nakamura; Lydia Becker; Raquel Hernandez
Date Published
2024
Length
88 pages
Annotation

This study assesses the impact of plea bargaining on subsequent violence for firearm offenders.

Abstract

This project investigates the association between plea bargaining, sentencing, and recidivism outcomes in state-wide sample of firearms-involved offenders and provides a descriptive overview of case characteristics and outcomes in firearms cases, examines the scope and impact of plea bargaining for these offenses, and considers how plea discounts potentially impact future reoffending. Overall, the current study suggests there may be significant public safety implications of plea discounts in firearms cases, though future research is needed before strong policy recommendations can be offered. Findings indicate that plea negotiations are common in firearms-related offenses – a majority of cases involve multiple filed charges but a single conviction charge, and more than half of all cases include a reduction in the severity of the top charge between filing and conviction. The mean distance traveled, or average magnitude of plea discounts, results in a significant reduction in the likelihood of incarceration and expected sentence lengths. Results also reveal significant relationships between plea discounts and recidivism. Defendants who are convicted and sentenced to longer incarceration terms have lower odds of coming back into the system for a new offense, whereas those who receive charge reductions and are given larger plea discounts are more likely to recidivate during the study period. Because average sentences in firearms cases are substantial, and because the follow-up period is limited, these results likely reflect the short-term incapacitation effects of lengthier incarceration terms. Firearms violence is a major policy concern in America. How criminal courts address firearm crimes represents a critical opportunity for improving public safety. The overwhelming majority of criminal cases are settled by guilty plea, yet little is known about the ways that plea deals impact criminal punishment for firearms-involved offenders, or how they shape subsequent recidivism.