Final answer:
A defendant must agree to the defense strategy of conceding guilt, especially when a death sentence is a possible outcome. The plea bargaining process often encourages such a strategy in exchange for leniency, but the defendant's informed consent is required. The legal and psychological aspects, including the Prisoner's Dilemma, influence these decisions.
Step-by-step explanation:
Within the context of criminal defense strategy, particularly when facing the potential of a death sentence, the defendant must be in agreement with the defense strategy, including the decision to concede guilt. This agreement is essential as the defendant's rights are paramount in the justice system. The defendant has the constitutional right to a defense attorney and a fair trial, which includes decisions around trial strategy. The plea bargain process, where a defendant pleads guilty to a lesser charge in exchange for more lenient punishment, is an example of such a strategy. It's also essential that the defendant is competent, as established by cases like Dusky v. United States and Godinez v. Moran, to make these legal decisions, including pleading guilty.
However, the psychological game theory known as the Prisoner's Dilemma often plays a role in the decision to confess. Each defendant may have an incentive to confess independent of the other's decisions in order to receive a lesser sentence. Nonetheless, the final decision on whether to follow this strategy rests with the defendant, who must provide informed consent to any strategy that involves conceding guilt.