Examining Prosecution: Proceedings of a Workshop (2025)
Chapter: 1 Introduction: Exploring Models of Prosecutorial Programs and Practices
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Introduction: Exploring Models of Prosecutorial Programs and Practices
INTRODUCTION
On September 23 and 24, 2024, the Committee on Law and Justice of the National Academies of Sciences, Engineering, and Medicine convened a workshop to explore the practice of prosecution and its impact on incarceration and racial disparities in the criminal justice system. During her opening remarks, Preeti Chauhan, John Jay College of Criminal Justice, CUNY, and workshop planning committee chair, explained that prosecutors increasingly recognize their power, influence, and discretion as possible levers to mitigate racial disparities in the criminal legal system,1 the growth of incarceration, and incarceration of innocent individuals. Prosecutorial power and discretion are complex matters in a political landscape, said Chauhan. Thus, the goals of the workshop were to highlight practices, programs, and policies that show promise as alternatives to incarceration and that reduce racial and ethnic disparities in criminal justice outcomes; to discuss how prosecutors can improve accountability and their capacity to build community confidence in criminal justice institutions; and to identify data and methodological gaps and opportunities for future research.
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1 The terms criminal legal system and criminal justice system are used interchangeably throughout this workshop proceedings.
Chauhan emphasized that, as guided by its statement of task, the workshop aimed to center racial and economic fairness and equity in criminal legal processes and outcomes. Although evidence might not suggest reductions in racial disparities resulting from certain programs or practices, those programs or practices might still be effective in reducing the overall number of individuals negatively impacted by the system, she noted.
Chauhan stressed that prosecution-related research is relatively new compared to research in areas such as policing and incarceration, and that work in this space inherently requires researcher-practitioner partnerships. Prosecutors do not work in isolation, she said, so the workshop featured a diverse array of speakers and perspectives from within the broader criminal
legal system and from the community. Chauhan said that the committee attempted to bring in voices from different disciplines, geographies, and perspectives, but she acknowledged that important voices were likely still missing from the room.
ORGANIZATION OF THE WORKSHOP
The workshop, guided by a committee (see Appendix A for committee biosketches) was divided into a series of discussions seeking to address the statement of task (Box 1-1). This proceedings is organized to maximize clarity for a broad audience and do not directly follow the event’s agenda order (see Appendix B for workshop agenda). Chapter 2 summarizes discussions on the role of prosecutors in reducing disparities and providing alternatives to criminal justice involvement, and it includes both research findings and promising practices. Chapter 3 examines data use and the data culture within prosecutors’ offices. Chapter 4 explores prosecution within the broader criminal justice system, examining the value of collaboration with criminal justice actors and building partnerships with communities. Chapter 5 looks at the future of prosecution; panelists identified future opportunities for research, data, and policy, and reflected on key themes from the workshop.
This proceedings was prepared by the workshop rapporteur as a factual summary of the workshop. The planning committee’s role was limited to planning and convening the workshop. The views contained in the proceedings are those of individual workshop participants and do not necessarily represent the views of all workshop participants, the planning committee, or the National Academies of Sciences, Engineering, and Medicine.
