Whose job is it anyway? Causes and consequences of racial disparities in prosecutorial outcomes

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

Abstract

Intro/Problem: Racial disparities have been documented in all stages of criminal-legal processing and are often attributed to discretion in legal decision-making. Prosecutors are powerful system actors who decide whether to file or dismiss charges or divert cases from prosecution. Given their critical role in case processing, further research is necessary to identify the role that prosecutorial discretion has in lessening, maintaining, or amplifying racial and ethnic disparities. Method: Through surveys (N=120) and interviews (N=11) with a Midwestern prosecutor’s office staff and various system stakeholders (e.g., law enforcement officers, defense attorneys, judges, probation officers, parole officers, community members, and justice-involved individuals), we gauged perceptions of racial and ethnic disparities in the local system and within prosecutorial decision-making specifically. We also asked what types of performance measures the prosecutor’s office should use to evaluate prosecutor performance. Results: Participants agreed that racial and ethnic disparities existed but were unsure whether and how they should address these in disparities in their current role. They indicated that the law enforcement actors, followed by prosecutors and judges, hold the most power to address disparities. Conclusion: Findings highlight prosecution openness to addressing racial and ethnic disparities but also leaves potential solutions unanswered.

Authors

• Anna Knes, George Mason University

• Tri Keah Henry, Indiana University

• Evan Marie Lowder, George Mason University

• Carmen Diaz, Indiana University Bloomington

• Eric Grommon, Indiana University Indianapolis