Texas attorneys recognize problematic eyewitness procedures, but plea away anyway

Abstract

Objectives

In a conceptual replication and extension of Pezdek and O’Brien (2014), we investigated eyewitness knowledge and plea-bargaining decisions among Texas attorneys.

Methods

Attorneys (N = 196) completed a knowledge survey and an experimental vignette that varied the quality of two identification procedures used to secure the sole piece of evidence in a case on plea-bargaining decisions.

Results

Attorneys were mostly knowledgeable of eyewitness recommendations but were not sensitive to the quality of identification procedures in the vignette. Overall, prosecutors were more likely to view the defendant as guilty, offer a plea, and seek harsher sentences than defense attorneys.

Conclusions

These results suggest attorneys are not attuned to problematic police practices or do not view biased instructions and single-blind administration as problematic enough to change plea-bargaining decisions. New avenues for increasing sensitivity are needed.