Rippling Discretion in Criminal Justice System: A Case Study of Prosecutorial Reform in Cook County

• In Event: Lessons from Sentencing Reforms and Community-Based Court Programs

Abstract

For decades, the United States has pursued criminal justice reform to address mass incarceration and racial disparities, often by limiting the discretion of key actors. However, the recent progressive prosecutorial reform movement takes the opposite approach—prosecutors actively use their discretion to reshape outcomes, sometimes redefining the criminal justice landscape. Despite its growing influence, little is known about its effectiveness. Existing empirical studies focus primarily on end outcomes, overlooking the institutional dynamics of criminal courts—where shifts in one group’s decision-making inevitably influence others.
This study examines the progressive prosecutorial reforms implemented by Kim Foxx in Cook County, IL, beginning in 2016. Using data from the Cook County State’s Attorney’s Office, it analyzes the reform’s impact on prosecutorial decision-making, police activity, and judicial sentencing patterns. By offering a case study on the impact of progressive prosecution reform efforts on policing, prosecution and sentencing outcomes, this research addresses a critical gap in existing literature. Against the backdrop of recent controversies surrounding this movement and the urgent call for reform within the criminal justice system, this study holds significant policy implications.

Author

• Dixin Li, University of Maryland