The Anatomy of Discretion: An Analysis of Prosecutorial Decision-making for Cases Processed by Offices in One Northern County and One Southern County, 2007-2010 (ICPSR 32542)
Prosecuting attorneys enjoy broad discretion in making decisions that influence criminal case outcomes. This study examines the impact of legal, quasi-legal, and extra-legal factors on case outcomes throughout the prosecutorial process. It then examines how prosecutors weigh these factors in their decision making and explores the formal and informal mechanisms that constrain or regulate prosecutors' decision-making.
The study examines case screening decisions, charging decisions, plea offers, sentence recommendations, and dismissals in two moderately large county prosecutors' offices. It includes statistical analyses of actual case outcomes, responses to a standardized set of hypothetical cases, and responses to a survey of prosecutors' opinions and priorities, as well as qualitative analyses of two waves of individual interviews and focus groups. It addresses the following questions:
- How did prosecutors define and apply the concepts of justice and fairness?
- What factors were associated with prosecutorial outcomes at each stage?
- How did prosecutors interpret and weigh different case-specific factors in making decisions at each stage?
- How did contextual factors constrain or regulate prosecutorial decision making?
- How consistent were prosecutors' decisions across similar cases? What case-level and contextual factors influenced the degree of consistency?
Assessing the Impact of Plea Bargaining on Subsequent Violence for Firearm Offenders, Maryland, 2015-2019 (ICPSR 39244)
The purpose of this study was to assess how patterns of prosecution and plea bargaining in firearms cases shape subsequent case and defendant outcomes. Drawing on recent work (Johnson and Larroulet, 2019), the researchers developed measures of plea bargaining discounts and examined their effects on sentencing and recidivism for firearms-involved offenders. To do so, the investigators [1] analyzed unique data collected by the Client Legal Utility Engine (CLUE), a web-scraped database of court records for all criminal cases in the State of Maryland for a cohort of defendants charged with firearms-involved crimes in district and circuit courts between 2015 and 2019; [2] generated estimates of the average distance traveled in charge bargaining, or the magnitude of average sentencing discounts in gun cases in Maryland by comparing expected sentences based on the original filed charges to the final charges at conviction; and [3] explored the association between plea discounts and recidivism, measured by the defendant coming back into the criminal court system on new criminal charges. The resulting dataset includes information on criminal case processing outcomes for firearms-related cases processed in Maryland district and circuit courts for the time period 2015-2019.