Cultural Considerations: A Discussion of Schematic Information Processing in African Plea Bargaining

Authors

• Emma Joy McArthy

First Page

325

Last Page

343

Document Type

Comment

Abstract

Plea bargaining is a prominent form of alternative dispute resolution: it is the method of resolution for nearly 98% of criminal convictions in the United States and is growing in popularity worldwide, including across the continent of Africa. In many ways, plea bargaining reflects traditional restorative justice models practiced in Africa prior to the introduction of adversarial and retributive Western practices. This comment discusses schematic information processing, exploring how cultural influences shape the schemas held by members of African nations in contrast to Western ways of thinking. A deep value for community and an emphasis on relationships is at the heart of African culture, and this mental framework guides and shapes plea bargaining processes and outcomes. The approach and tactics negotiators must utilize differ when plea bargaining in Africa versus a Western culture, and when prominent mental schemas are recognized and understood, plea bargaining in Africa can be a redemptive experience for entire communities and a step back in time towards traditional restorative justice models.

Recommended Citation

Emma Joy McArthy, Cultural Considerations: A Discussion of Schematic Information Processing in African Plea Bargaining, 26 Pepp. Disp. Resol. L.J. 325 (2026)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol26/iss2/4