Keywords
Plea bargaining; blind plea; open plea; Boykin v. Alabama; knowing and voluntary
Document Type
Article
Abstract
Over 90% of criminal court cases are decided through plea negotiations, rather than through a jury or bench trial. Within the broader context of plea negotiations is the use of a “blind” or “open” plea, where defendants consent to the court’s decision without a chance to participate in the bargaining process. In entering blind pleas, defendants must waive constitutional trial rights with the hope that they will be given a more lenient sentence but are largely left in the dark during the process. This study aims to provide a national overview of the utilization of blind pleas in the United States through the lens of state appellate court rulings. The judicial rulings provide a snapshot of the common trends and differences in how state judiciaries have accepted or rejected blind pleas by defendants. The use of blind pleas ultimately raises concerns about the possibility of violating several due process protections.
Recommended Citation
Koza, Meghan; Nolen, Makayla; and Kokkalera, Stuti
(2026)
"A Blind Eye to Justice: Blind Pleas in the American Courtroom,"
Journal of Criminal Justice and Law: Vol. 9:
Iss.
2, Article 2.
Available at:
https://research.library.kutztown.edu/jcjl/vol9/iss2/2