Prosecutor discretion in courtroom workgroups

LIEPP'S Discriminations and category-based policies Research group is pleased to convene this seminar : 

Prosecutor discretion in courtroom workgroups

Thursday October 6th, 12:30 - 01:30pm

Location : Sciences Po, 1 place St Thomas d'Aquin, 75007 Paris

Room : C.S16

Mandatory registration

Speaker : 

Aurélie Ouss (University of Pennsylvania)

Abstract:

In the United States, prosecutors wield a wide array of discretion in their decisions of whether and how to charge cases, what plea offers to make, and whether to withdraw cases. Their priorities and decision-making processes are often hidden from public view leading some to describe prosecutorial discretion as a “black box”. This discretion could lead to sentencing disparities and coercive practices that undermine fairness and efficacy in the criminal justice system. Guidelines that place constraints on line prosecutor's discretion are one policy lever that head prosecutors can use to address this issue. However, the net effect will depend on how other legal actors, such as judges or defense attorneys, respond to these guidelines. We examine the effect of two internal guidelines, which differed in terms of transparency and precision, on sentencing outcomes. Both policy memos created sizeable decreases in the average sentencing severity; though, they did not change the distribution of sentences. This is partially driven by responses from other legal actors: we show that when concrete targets are offered, defense attorneys compare the “going rate” between prosecutors and judges when deciding how to resolve a case for their defendant. This paper provides empirical evidence that prosecutor guidelines can constrain discretion, but changes in the criminal justice must be considered in the broader context of interconnected decisions.

Read Aurélie Ouss's interview "Evaluer les politiques pénales en France et aux Etats-Unis"