Racial and Ethnic Disparities in Prosecutorial Decision-Making

• In Event: Disparities in Prosecutorial and Defendant Decision-Making

Abstract

Justice system research on racial and ethnic disparities has often focused on the sentencing stage. Investigations into racial and ethnic disparities in prosecutorial decision making have been rare, in large part because researchers have been unable to access data on prosecutorial decision making. The current study uses prosecutorial data to examine potential racial and/or ethnic disparities at four decision-making stages: (1) the initial charging decision, (2) prosecutor-led diversion program enrollment, (3) case resolution, and (4) sentencing. We identified disparities in diversion program enrollments, the amount of time it takes to resolve cases, and time served sentence lengths. Across each of these decision points, disparities negatively affected Black defendants. Specifically, Black defendants were less likely than White defendants to enter into a diversion program agreement, had their cases resolved nearly one month later than White defendants, and received sentences of time served that were eight days longer, on average, than White defendants. Regarding ethnic disparities, we found that Latino defendants had their cases disposed faster than non-Latino defendants. We conclude with policy implications and directions for future research.

Authors

• Caroline M. Bailey, Indiana University Indianapolis

• Eric Grommon, Indiana University Indianapolis