By Besiki Luka Kutateladze, R. R. Dunlea, Don Stemen, & Melba Pearson

The prosecutorial discretion to charge and amend charges is vast and rarely studied. While individual prosecutors determine charges based on the statute and the facts of a case, their interest in gaining leverage in plea bargaining, securing conviction, and maintaining a positive relationship with law enforcement may affect charging decisions. In this brief, we examine charge reductions at case filing and post-filing across 12 prosecutorial offices that collect data on both phases of charging decisions. We provide an initial effort to establish office typologies based on the frequency and timing of charge reductions. In general, reducing felonies to misdemeanors at the case screening stage lessens the need for charge reductions at subsequent stages of case processing. Yet several notable exceptions exist: some offices seldom reduce charges, while others do so frequently at both stages of case processing. We hope this brief generates additional discussions—both internally within prosecutorial offices and externally with policy groups and communities—about the benefits and shortcomings of existing charging practices. The prosecutorial discretion to charge and amend charges is vast and rarely studied. While individual prosecutors determine charges based on the statute and the facts of a case, their interest in gaining leverage in plea bargaining, securing conviction, and maintaining a positive relationship with law enforcement may affect charging decisions. In this brief, we examine charge reductions at case filing and post-filing across 12 prosecutorial offices that collect data on both phases of charging decisions. We provide an initial effort to establish office typologies based on the frequency and timing of charge reductions. In general, reducing felonies to misdemeanors at the case screening stage lessens the need for charge reductions at subsequent stages of case processing. Yet several notable exceptions exist: some offices seldom reduce charges, while others do so frequently at both stages of case processing. We hope this brief generates additional discussions—both internally within prosecutorial offices and externally with policy groups and communities—about the benefits and shortcomings of existing charging practices. The prosecutorial discretion to charge and amend charges is vast and rarely studied. While individual prosecutors determine charges based on the statute and the facts of a case, their interest in gaining leverage in plea bargaining, securing conviction, and maintaining a positive relationship with law enforcement may affect charging decisions. In this brief, we examine charge reductions at case filing and post-filing across 12 prosecutorial offices that collect data on both phases of charging decisions. We provide an initial effort to establish office typologies based on the frequency and timing of charge reductions. In general, reducing felonies to misdemeanors at the case screening stage lessens the need for charge reductions at subsequent stages of case processing. Yet several notable exceptions exist: some offices seldom reduce charges, while others do so frequently at both stages of case processing. We hope this brief generates additional discussions—both internally within prosecutorial offices and externally with policy groups and communities—about the benefits and shortcomings of existing charging practices.

Prosecutorial Performance Indicators, 2023. 7p.