Is a guilty plea more likely than an innocent one?
Prosecutors want convictions; judges want to keep the cases moving along; defense attorneys have heavy case loads and don’t get paid much for any particular case; and an overwhelming proportion of criminal defendants have participated in some form of criminal conduct. Mix this all together and what you get is a “guilty-plea machine.” Only wealthy defendants are able to opt out of this system.
I study a lot of game theory. The great thing about game theory is how practically minded it is. No idealism. It just studies what ACTUALLY happens in any particular “game” or conflict situation when the players are situated in some particular way. I think we all know how this game plays out.
I’m a big believer in the ideal of our legal system. But there are some serious problems with it in practice.