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117 Nw. U. L. Rev. 1351 (2022-2023)
Why Criminal Defendants Cooperate: The Defense Attorney's Perspective

handle is hein.journals/illlr117 and id is 1385 raw text is: Copyright 2023 by Jessica A. Roth, Anna D. Vaynman & Steven D. Penrod Printed in U.S.A. Vol. 117, No. 5 WHY CRIMINAL DEFENDANTS COOPERATE: THE DEFENSE ATTORNEY'S PERSPECTIVE Jessica A. Roth, Anna D. Vaynman & Steven D. Penrod ABSTRACT-Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation with prosecutors make that choice. This Article-the first empirical study of the defense experience of cooperation-begins to address that gap. The Article reports the results of a survey completed by 146 criminal defense attorneys in three federal districts: the Southern District of New York, the Eastern District of Virginia, and the Eastern District of Pennsylvania. Our study provides an entirely new and enriching perspective on the cooperation decision, building on prior theories from the cooperation and plea-bargaining literature, and providing for a more nuanced understanding of cooperation and its motivations. In several closed- and open-ended responses, attorneys shared their opinions-at times remarkably consistent, at times strikingly and informatively different- about cooperation practices in their respective districts. The results of this study can be used to further explore the theoretical foundations of cooperation and plea bargaining and can be used to build experimental studies to test causal relationships that are otherwise nearly impossible to determine. AUTHORS-Jessica A. Roth: Professor of Law and Co-Director, Jacob Burns Center for Ethics in the Practice of Law, Benjamin N. Cardozo School of Law, Yeshiva University. Former Assistant U.S. Attorney in the Southern District of New York, 2002-2009. Anna D. Vaynman: Ph.D. Candidate in Psychology & Law, John Jay College of Criminal Justice, CUNY Graduate Center. Steven D. Penrod: Distinguished Professor of Psychology, John Jay College of Criminal Justice, CUNY. This study was submitted to the Internal Review Boards of both Yeshiva University and CUNY, both of which issued an exempt determination. The exemption letters are on file with the authors. We are grateful to the many scholars and lawyers who reviewed early drafts of our survey and to Alexis Hoag-Fordjour, Geremy Kamens, Rachel Moran, Anna Offit, Lauren Ouziel, David Patton, Michael Pollack, Eve Primus, 1351

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