ETDs

This collection includes most of the ASU Theses and Dissertations from 2011 to present. ASU Theses and Dissertations are available in downloadable PDF format; however, a small percentage of items are under embargo. Information about the dissertations/theses includes degree information, committee members, an abstract, supporting data or media.

In addition to the electronic theses found in the ASU Digital Repository, ASU Theses and Dissertations can be found in the ASU Library Catalog.

Dissertations and Theses granted by Arizona State University are archived and made available through a joint effort of the ASU Graduate College and the ASU Libraries. For more information or questions about this collection contact or visit the Digital Repository ETD Library Guide or contact the ASU Graduate College at gradformat@asu.edu.

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Pandemic Plea Bargaining: COVID-19 Mitigation Strategies and Plea Decision Making

Description
Despite the constitutional right to trial, the vast majority of defendants waive this right and enter a guilty plea. There are many factors defendants consider when entering a plea, with the coronavirus (COVID-19) pandemic being the newest factor that may impact defendant decision making. Previous research has found that both…

Despite the constitutional right to trial, the vast majority of defendants waive this right and enter a guilty plea. There are many factors defendants consider when entering a plea, with the coronavirus (COVID-19) pandemic being the newest factor that may impact defendant decision making. Previous research has found that both innocent and guilty participant defendants were more likely to plead guilty when provided information on COVID-19 outbreaks. Additionally, innocent defendants ranked concerns related to COVID-19 higher than guilty defendants in driving their plea decisions. As the pandemic continues to evolve, so do the various policies and tactics used to reduce transmission rates. This thesis expands on previous work by employing an experimental plea simulation on a college sample to see how varying levels of COVID-19 mitigation strategies in a jail setting impact plea decision making. Varying levels of COVID-19 mitigation efforts on their own did not significantly impact plea decision making; however, presenting COVID-19 related information did increase the willingness to accept a guilty plea more generally. Given the possibility of innocent defendants pleading guilty, this thesis demonstrates the importance of reforming the application of pretrial detention and calls for more oversight into plea negotiations.
ContributorsForston, Jacob W (Author) / Yan, Shi (Thesis advisor) / Mitchell, Ojmarrh (Committee member) / Wilford, Miko (Committee member) / Arizona State University (Publisher)
Created2022
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Disruption in the Court Community: Progressive Lead Prosecutors and Their Role in Reforming the Criminal Legal System

Description
Prosecutors played an important role in the rise of mass incarceration and the perpetuation of racial and ethnic disparities in the criminal legal system in the United States. The progressive prosecution movement emerged as a response to those issues and, although the movement has sparked significant debate, there has been…

Prosecutors played an important role in the rise of mass incarceration and the perpetuation of racial and ethnic disparities in the criminal legal system in the United States. The progressive prosecution movement emerged as a response to those issues and, although the movement has sparked significant debate, there has been relatively little empirical research examining whether progressive lead prosecutors reduce excess punishment and alleviate disparities. In this dissertation, I partnered with two prosecutors’ offices with progressive lead prosecutors to help fill that gap. Using case processing records obtained from both offices (all adult criminal cases initiated between 2017-2022), I found that prosecutors under progressive lead prosecutors tended to be less punitive in charging and plea-bargaining, but their less punitive approach did not eliminate disparities. While larger plea-discounts under one of the progressive lead prosecutors eliminated the racial disparity in that decision point, disparities in case declination/dismissal, diversion, and felony downgrade decisions remained, even under the more progressive administrations. From interviews with line prosecutors, supervisors, and the lead prosecutors in both jurisdictions (N=43), I found that prosecutors in these offices faced barriers to implementing reform both from within their office, in the form of the principal-agent and mid-level manager problems, and from outside of the office, in the form of resistance from judges, law enforcement, and some segments of the public, as well as a lack of cooperation from defense attorneys. Broadly, my findings highlight the fluid nature of power within courts and the tendency of court communities to seek homoeostasis and minimize reforms, even when those reforms originate from within the court community.
ContributorsBowman, Rachel (Author) / Gould, Jon (Thesis advisor) / Spohn, Cassia (Thesis advisor) / Mitchell, Ojmarrh (Committee member) / Arizona State University (Publisher)
Created2024