Descriptive Representation and Prosecutorial Discretion: Race, Sex, and Carceral Disparities

Abstract

Conversations around criminal legal reform often center around prosecutorial discretion. Yet, we know little about how the demographic characteristics of prosecutors influence case outcomes and race- and sex-based carceral disparities. I investigate this question using an original dataset of all county prosecutors in the US in 2001 and 2007 and find some differences between non-white and female prosecutors and white and male prosecutors. Black prosecutors are associated with fewer felony closures and convictions, Latinx prosecutors are associated with lower Latinx jail populations, and female prosecutors are associated with lower female and Black jail populations, lower Black prison admissions, and lower jail admissions rates. These findings suggest prosecutorial discretion is an important plank of criminal legal reform, and increasing the diversity of those offices may act as an important and initial step to limit the negative effects of the carceral state on particular communities.