Evaluating prosecution reform in New Orleans, 2017–2022

• In Event: Innovation and Reform in Prosecution: Outreach, Declination, Diversion, and Case Outcomes

Abstract

New Orleans has historically relied on mass incarceration as its primary response to public safety concerns. Reducing incarceration requires addressing root causes of crime and challenging criminal legal system actors to utilize non-carceral means to hold people accountable. District attorneys (DAs) are arguably the most powerful and influential in Louisiana. The 2020 Orleans Parish DA election marked an opportunity for reform following a two-term DA administration characterized by misconduct and mass criminalization. Vera Institute of Justice (Vera) conducted a descriptive quantitative analysis of DA referral and case processing data from 2017–2022 to evaluate outcomes of reforms promised by the newly-elected DA to reduce racial disparities; refuse to charge minors as adults; forego use of the habitual offender statute; refuse low-severity, nonviolent cases; and divert cases best addressed by treatment and supportive services. Vera found that the new administration refused to prosecute more cases than the former. However, racial disparities persisted, as did prosecution of youth as adults and use of the habitual offender statute, albeit at a lesser rate. Diversion was underutilized. Prosecutorial reform is necessary to advance equity and justice, but dismantling the criminal legal system’s deep-rooted structural inequities requires the unwavering commitment of all system stakeholders.

Authors

• Jakevia Wheeler, Vera Institute of Justice

• Connor Burruss, Vera Institute of Justice

• Sarah Omojola, Vera Institute of Justice

• Kim Mosby, Vera Institute of Justice