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Does the death penalty encourage plea agreements?

By Karl R. Keys, Esq.

Does the death penalty encourage plea agreements?  Just as wrapping one’s self in the flag is considered to be the last refuge if the scoundrel, the argument that  the death penalty encourage plea agreements (and thus foregoes the agony of a victim’s family member of a trial) appears to be the last refuge for the death addicted prosecutorial set. Prof Berman tipped us off earlier this week to this piece at SSRN on whether capital punishment actually encourages more pleas to avoid going to tria.  From the abstract: This article investigates whether the death penalty encourages defendants charged with potentially capital crimes to plead guilty in exchange for lesser sentences. I exploit a natural experiment in New York State: the 1995 reinstatement of capital punishment, coupled with the public refusal of some prosecutors to pursue death sentences (N...continue to full post

Full post as published by Capital Defense Weekly on March 05, 2008 (boomark / email).