Psychology and Art Faculty Team Up with Students on Plea Bargain Research Tool

Prosecutor at PleaJustice.org Image by Jordanne Love and Misha Rabinovich
The prosecutor in the PleaJustice simulation.

06/04/2018
By Katharine Webster

If you鈥檙e arrested, chances are good that you鈥檒l never get your day in court.

That鈥檚 because more than 95 percent of all criminal charges are resolved by guilty pleas, not trials, says Asst. Prof. of PsychologyMiko Wilford. And in too many cases, innocent people are pleading guilty to avoid incarceration or draconian sentences, she says.

鈥淲hen prosecutors offer really dramatic plea discounts, like five years in jail compared to 25 years, then, innocent or guilty, you鈥檙e likely to seriously consider it,鈥 says Wilford, who specializes in legal psychology. 鈥淭hat kind of sentencing discount should not be allowed, because then plea bargains essentially punish innocent people for exercising their constitutional right to a trial.鈥

Yet most legal psychology research into how people are convicted focuses on jury trials, not plea offers. So Wilford and Asst. Prof. of Art and DesignMisha Rabinovich have teamed up with students to develop an open-source, animated computer simulation that will make it easier for researchers to study plea bargain proceedings, which vary widely among states and jurisdictions. In the process, they hope to find ways to reduce false guilty pleas.

鈥淚n many jurisdictions, there are no clear procedural guidelines, so prosecutors can approach defendants directly with plea offers before the defendants have even been given a chance to ask for an attorney or a public defender,鈥 Wilford says.

UML psychology asst. prof. Miko Wilford meets with Jordanne Love and Thomas Nelson Image by K. Webster
Asst. Prof. of Psychology Miko Wilford meets with computer science major Thomas Nelson and animation major Jordanne Love.
Rabinovich, who has experience working in software startups, uses computers, video and other media to create immersive, interactive art.聽

鈥淢ost of my work is collaborative. I鈥檓 an artist, but I鈥檓 also interested in social justice,鈥 he says. 鈥淥ur goal is to inform plea policy to keep innocent people out of jail.鈥

Rabinovich oversaw Jordanne Love 鈥18, an art major with a concentration in animation and interactive media, and computer science major Thomas Nelson 鈥18 as they built the simulation, which combines animation with the social science data-gathering software Qualtrics.

In the demo version of the simulation at , research participants 鈥減lay鈥 as a female driver who is charged with hitting a parked car and then leaving the scene of the accident. Some participants then see a flashback scene in which they 鈥渞emember鈥 hitting the car, while others see a flashback that indicates they are innocent.聽

Then they鈥檙e offered a deal by the prosecutor: probation and a fine for a guilty plea, compared to jail time and higher costs if they reject the plea offer and they鈥檙e found guilty at trial. After choosing one or the other, they鈥檙e asked to explain the reasons for their choice.

Asst. Prof. of Art and Design Misha Rabinovich Image by Alex Priest
Asst. Prof. of Art and Design Misha Rabinovich specializes in interactive art that uses video and computers.
In the next version of the simulation, participants will be asked to create an avatar who resembles them, because research has shown that the process increases engagement. Wilford and Rabinovich will also add a new crime scenario involving shoplifting, with help from animation major and computer science minor Kathrine Lucas, who will pick up where Love and Nelson leave off in July.聽

The project is supported by a pair of internal seed funding grants totaling almost $20,000, plus additional funding from the College of Fine Arts, Humanities and Social Sciences. Now that Wilford has validated the simulation by showing that it yields results similar to live, in-person research, she plans to apply for a National Science Foundation grant to add more options and features.聽

She and Rabinovich also hope to create an educational add-on, in collaboration with the , to teach young people about the plea process and their rights.

Nelson built it all on a robust, open-source platform so other researchers can adapt it.聽

UML graduate Annmarie Khairalla did research on plea bargains Image by K. Webster
Honors psychology major Annmarie Khairalla explains her plea bargain research at the Student Research and Community Engagement Symposium.
Some students in Wilford鈥檚 lab are already doing just that. For her honors thesis research, psychology major Annmarie Khairalla 鈥18 tested long and short, simple and complex tender-of-plea forms 鈥 which explain the defendant鈥檚 rights and the consequences of pleading guilty 鈥 to see how they affect people鈥檚 decisions on whether to plead. Khairalla also helped add a defense attorney to the simulation under a grant from the Honors College.

Khairalla says that designing and carrying out her own research from start to finish and working with Wilford, Rabinovich, Love and Nelson was an invaluable experience that helped prepare her for graduate school. She will begin pursuing a Ph.D. in forensic psychology at the University of Ontario Institute of Technology in the fall.

鈥淚 learned how to make sure all my questions were clear and unbiased and how to communicate research process and design in a way that other people could understand,鈥 she says. 鈥淎nd I learned how much people in other disciplines can contribute.鈥