Influence of Eyewitness Memory Factors on Plea Bargaining Decisions by Prosecution and Defense Attorneys in California, 2010-2011

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.