Proceedings of a Workshop

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This activity was supported by contracts between the National Academy of Sciences and Arnold Ventures (23-09241), the Joyce Foundation (50124), and the William T. Grant Foundation (AWP-000067). Support for the work of the Committee on Law and Justice is provided through the Annie E. Casey Foundation, the National Academy of Sciences W.K. Kellogg Fund, and a grant from the National Institute of Justice (No.15PNIJ-22-GK-00032-NIJB). Any opinions, findings, conclusions, or recommendations expressed in this publication do not necessarily reflect the views of any organization or agency that provided support for the project.

International Standard Book Number-13: 978-0-309-73435-6
International Standard Book Number-10: 0-309-73435-5
Digital Object Identifier: https://doi.org/10.17226/29037

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Suggested citation: National Academies of Sciences, Engineering, and Medicine. 2025. Examining Prosecution: Proceedings of a Workshop. Washington, DC: National Academies Press. https://doi.org/10.17226/29037.

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PLANNING COMMITTEE ON EXAMINING PROSECUTION

PREETI CHAUHAN (Chair), Professor, Psychology Department, John Jay College of Criminal Justice, CUNY

AMANDA AGAN, Associate Professor, Cornell University

MARLENE BIENER, General Counsel, Association of Prosecuting Attorneys

MATTHEW WADE EPPERSON, Associate Professor, Crown Family School of Social Work, Policy, and Practice and Director, Smart Decarceration Project, University of Chicago

BRIAN D. JOHNSON, Professor and Associate Chair of Criminology and Criminal Justice, University of Maryland

BESIKI LUKA KUTATELADZE, Professor, Steven J. Green School of International and Public Affairs, Florida International University

Staff

MAIA JOHNSTONE, Program Officer

SITARA RAHIAB, Senior Program Assistant

STACEY SMIT, Program Coordinator

KAELYN SANDERS, Christine Mirzayan Science and Technology Policy Graduate Fellow (until May 2024)

EMILY P. BACKES, Deputy Board Director

Reviewers

This Proceedings of a Workshop was reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise. The purpose of this independent review is to provide candid and critical comments that will assist the National Academies of Sciences, Engineering, and Medicine in making each published proceedings as sound as possible and to ensure that it meets the institutional standards for quality, objectivity, evidence, and responsiveness to the charge. The review comments and draft manuscript remain confidential to protect the integrity of the process.

We thank the following individuals for their review of this proceedings:

AMANDA AGAN, Cornell University

BRIAN D. JOHNSON, University of Maryland

We also thank staff member BERNA OZTEKIN-GUNAYDIN for reading and providing helpful comments on this manuscript.

Although the reviewers listed above provided many constructive comments and suggestions, they were not asked to endorse the content of the proceedings nor did they see the final draft before its release. The review of this proceedings was overseen by ELSA CHEN, Santa Clara University. She was responsible for making certain that an independent examination of this proceedings was carried out in accordance with standards of the National Academies and that all review comments were carefully considered. Responsibility for the final content rests entirely with the rapporteur and the National Academies.

Acknowledgments

The National Academies of Sciences, Engineering, and Medicine’s Committee on Law and Justice (CLAJ) wishes to express its sincere gratitude to the planning committee chair, Preeti Chauhan, for her valuable contributions to the development and orchestration of this workshop. CLAJ also wishes to thank all the members of the planning committee, who collaborated to ensure the workshop included an abundance of informative presentations and moderated discussions. CLAJ would also like to recognize the critical support of the workshop sponsors, Arnold Ventures, the Joyce Foundation, and the William T. Grant Foundation, without which we could not have undertaken this project.

Contents

Acronyms and Abbreviations

1 Introduction: Exploring Models of Prosecutorial Programs and Practices

INTRODUCTION

ORGANIZATION OF THE WORKSHOP

2 Research Findings and Promising Practices: Reducing Racial and Ethnic Disparities and Providing Alternatives to Criminal Justice Involvement

EMPIRICAL EVIDENCE ON PROSECUTION

EVIDENCE ON RACIAL AND ETHNIC DISPARITIES THROUGHOUT THE PROSECUTION PROCESS

PROSECUTORIAL PERSPECTIVES: CHALLENGES AND OPPORTUNITIES FOR IMPLEMENTATION

PERSPECTIVES ON IMPLEMENTATION FROM RESEARCHER-PRACTITIONER PARTNERSHIPS

IMPLEMENTATION CHALLENGES AND OPPORTUNITIES

3 Data Use and Data Culture in Prosecutors’ Offices

PROSECTUOR’S OFFICE: COOK COUNTY

DATA ON RACE AND ETHNICITY

BUILDING ANALYTICAL CAPACITY

DATA ON PLEA BARGAINING

BUILDING DATA CULTURE

4 Prosecution Within Broader Criminal Justice, Political, and Community Ecosystems

SETTING THE STAGE: CONSIDERING FAIRNESS AND EQUITY IN PROSECUTORIAL PROGRAMS AND PRACTICES

ENGAGING SYSTEMS-IMPACTED INDIVIDUALS

BUILDING COMMUNITY PARTNERSHIPS

PROCEDURAL JUSTICE

EDUCATING COMMUNITIES ON ALTERNATIVES TO INCARCERATION

5 The Future of Prosecution

RESEARCH, DATA NEEDS, AND POLICY

FINAL REFLECTIONS

References

Appendix A Planning Committee and Speaker Biosketches

Appendix B Workshop Agenda

Box and Figures

BOX

1-1 Statement of Task

FIGURES

2-1 Impact of diversion referral on cumulative subsequent outcome, two years

2-2 Impact of diversion referral on cumulative subsequent outcome, five years

2-3 Pathway to New Beginnings outcomes

2-4 Case outcomes by race and ethnicity

2-5 Aggregate change in charge reductions

2-6 Compounded disparities from 1995–2010

2-7 Passed through disparities, 2006–2013

2-8 Offset disparities from 2014–2019

Acronyms and Abbreviations