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

This study used a multi-method approach, relying on both quantitative and qualitative methods to examine prosecutorial decision making in Northern and Southern Counties. These included: two waves of interviews and focus groups (Datasets 4 and 11), a general survey (Datasets 12, 15, and 17), a factorial survey (Datasets 12-16), and an analyses of administrative data (Datasets 1-3, 5-10). To examine actual case outcomes and the factors associated with those outcomes, the study relied on analyses of administrative data derived from the case management systems in each office and a review of case files in Southern County. The study further explored case outcomes using a factorial survey containing a series of hypothetical cases in which prosecutors were asked to make and justify screening, charging, and plea offer decisions. The analyses of actual and hypothetical case outcomes were complemented by an attitudinal survey of prosecutors and series of interviews/focus groups with prosecutors. Prosecutors in both jurisdictions were invited to respond to a structured survey, designed to elicit general attitudes about definitions of individual and organizational success; the influence of relationships among prosecutors, police, defense attorneys, and judges; resource and policy constraints; principles that guide screening decisions and plea offers; the general goals and functions of the criminal justice system; and internal training and oversight. Two waves of interviews with the District Attorney (DA) and Deputy District Attorneys (Deputies) in each site and two waves of focus group sessions with line prosecutors and unit managers also were conducted in each of the research sites.