Prosecutorial Discretion to Support Research

• In Event: Prosecution in the Making II: Prosecutors on their Job: Investigation and Decision Making

Abstract

Supporting research is an example of prosecutorial discretion. Historically, U.S. prosecutorial offices have been opaque and less scrutinized by academics. Recently, as part of broader reform efforts, some prosecutorial offices have started supporting research. Since 2018, the Philadelphia District Attorney’s Office has made a concerted effort to conduct and support academic research. The office has a research and analysis unit – the District Attorney’s Transparency Analytics (DATA) Lab – dedicated to a range of work that includes facilitating independent academic research. Over the last several years, we have supported dozens of external research projects and publications in collaboration with over 50 external academic research partners at roughly 25 institutions. Here we share our process developed to support the research arc; discuss the types of research we engage in and how; and highlight the unique perch of the DATA Lab and the internal infrastructure and analysis that makes quantitative research possible. Based on our experience, we share examples of what can help make a partnership successful, as well as pitfalls. We conclude with insights on how research can influence policy and practice, key issues in prosecution research, and the local infrastructural and data work required to support it. 

Authors

• Oren Gur, Philadelphia District Attorney's Office

• Betsey Carroll, Philadelphia District Attorney's Office, DATA Lab

• Samuel Packard, Philadelphia District Attorney's Office, DATA Lab

• Tyrell Mann-Barnes, Philadelphia District Attorney's Office

• Wes Weaver, Philadelphia District Attorney's Office