Prosecutor‐driven reform and racial disparities

Abstract

Research SummaryWe use novel, fine‐grained data that covers the entire penal process from arrest to final case disposition, spanning various agencies, including the police department, prosecutor's office, and courts. We exploit sharp changes in practices generated by the adoption of two sets of policies in Philadelphia: one instructing prosecutors to decline low‐level offenses, and the other aimed at reducing supervision length at sentencing. We investigate racial disparities using both racial gaps and the scale of criminal justice involvement as outcomes. Our findings offer nuanced perspectives on how policy influences racial disparities. We find that both policies successfully reduced the scale of criminal justice involvement. However, they did not reduce racial gaps in charging or sentencing. Nevertheless, given the higher frequency of arrests and subsequent criminal justice involvement for Black individuals in Philadelphia, a larger number of Black people benefited from these policies.Policy ImplicationsIn recent years, several jurisdictions in the United States have elected prosecutors who advocate for reducing the scope of criminal justice involvement and addressing racial disparities within it. This paper examines whether specific policy reforms implemented by one such office—in Philadelphia—have effectively reduced widespread racial disparities in the penal system. This study contributes significantly to the growing literature on the impact that scaling back criminal justice can have on racial disparities. Much of the existing research primarily centers on legislative changes. Our work studies the impact of changes in practices within a prosecutor's office—a domain that has generally received less attention. Our research provides valuable insights for both academics and policymakers, as we underscore the importance of considering both racial gaps and the differential number of individuals impacted by the system to fully understand the effects of policies designed to reduce criminal justice interactions.