GETTING PEOPLE OUT OF THE SYSTEM QUICKLY

Following an arrest and booking in jail, individuals must appear at arraignment to hear the charges against them. It is the prosecutor who makes the decision, based upon probable cause of the arrest, about which charges to file against the individual. Prosecutors can also: recommend if the court should order the individual to remain detained in jail during pretrial proceedings, offer pretrial release with various conditions or release on recognizance, refer an individual to a diversion program in lieu of formal prosecution, accept a plea bargain, and recommend different types of sentences – incarceration or probation.

The decisions prosecutors make about people can have direct implications for their case and collateral consequences on their life. Specifically, the decisions prosecutors make about how to charge cases (i.e., felony versus misdemeanor) and ultimately the types of convictions they recommend can affect an individual’s long-term access to public housing, occupations, or social support services.

Over the past decade, reform-minded prosecutors have sought out the top elected positions across the country to fundamentally transform how prosecutor office’s function. These new prosecutors are prioritizing fairness, equity, compassion, and justice, overhauling longstanding policies that have historically prized convictions over all else. However, it is unclear if these reform-minded prosecutors have effectively changed five key-decision points with their policies: (1) charging; (2) pretrial release recommendations; (3) diversion; (4) plea offerings, and; (5) sentencing.

JSP is examining the changes in these key decision points across four jurisdictions led by reform minded prosecutors. The research will understand what these outcomes looked like prior to and after these prosecutors take office. This research will uniquely evaluate where prosecutors can have the greatest influence in improving equity across case processing outcomes.