An Integrated Model of Prosecutor Decision-Making
An Integrated Model of Prosecutor Decision-Making
- Rachel Bowman, Belén Lowrey-Kinberg, Jon Gould
- Publication Date
October 30, 2024 - Website
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Sociolegal scholarship has long noted the many ways in which the law is interpreted and selectively applied by human decision-makers. Yet, the processes underlying one of the most significant discretionary waypoints in the criminal legal process – prosecutorial charging decisions – remain opaque. Using data from interviews and focus groups with prosecutors in three midsized jurisdictions, we propose a model of charging that integrates legal considerations, social identity, and organizational constraints. We find that felony prosecutors weave together legal and extralegal factors, often relying heavily on criminal history, to evaluate defendants’ moral character. Based on their evaluation of a defendant’s character, prosecutors charge strategically to secure a final disposition and sentence they view as appropriate for the defendant. Prosecutors’ identities and experiences act as lenses through which they interpret case facts in their evaluation of defendants’ character. However, the level of discretion provided by their chief prosecutor and the culture of the court community in which they work condition the process by which prosecutors achieve their desired outcomes for cases.
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