The Big Picture

Prosecutors wield significant discretionary power in the justice system, influencing key decisions such as whether to charge an individual with a crime. However, little is known about the actual mechanisms prosecutors use to initiate charges—whether through grand jury indictments or information filings—and how these decisions affect case outcomes. A recent study examined this overlooked aspect of prosecutorial discretion, revealing significant differences in case processing and outcomes depending on the chosen charging pathway.

Listen to Discussion About This Research

What We Did

Researchers analyzed case-processing data from a large urban jurisdiction to investigate the factors influencing charging decisions and the implications of these decisions on case outcomes. The study focused on defendants’ choices between grand jury indictments and information filings, involving data from 136,845 felony cases from 2013 to 2018.

1

Differences in Charging Pathways:

Defendants who waived their right to a grand jury and opted for a preliminary hearing were more likely to be charged via information filings. This choice was influenced by both legally relevant factors (e.g., offense severity) and extralegal factors (e.g., race/ethnicity and gender).

2

Implications for Case Outcomes

Charging pathway significantly influenced case outcomes:

  • Case Dismissals: Defendants charged via information filings were less likely to have their cases dismissed.
  • Deferred Adjudication: Defendants charged through information filings were more likely to receive deferred adjudication, allowing them to avoid a felony conviction upon successful completion of probation.
  • Convictions: The likelihood of conviction was higher for those charged via information filings compared to grand jury indictments.

3

Racial and Gender Disparities

Racial and ethnic minorities, particularly Black and Latinx defendants, faced disparities in case processing and outcomes. For instance, Black defendants were less likely to receive deferred adjudication and more likely to be convicted.
Understanding the influence of charging pathways on case outcomes is critical because:

1

It highlights the role of discretionary decisions in shaping justice outcomes.

2

It underscores the need for transparency and equity in prosecutorial practices.

3

It reveals how race and gender biases can affect legal outcomes, contributing to broader disparities in the criminal justice system.
To address the issues highlighted by this study, we can:

1

Increase Transparency :

Implement policies requiring greater transparency in charging decisions.

2

Standardize Charging Practices :

Develop guidelines to ensure equitable treatment across all charging pathways.

3

Monitor Disparities :

Regularly review data to identify and address disparities in prosecutorial decision-making.

4

Provide Legal Guidance :

Offer defense attorneys clearer guidance on navigating the differences between grand jury and information filings to better advocate for their clients.

The big takeaway?

Charging decisions have significant implications for case outcomes, including the likelihood of dismissal, deferred adjudication, and conviction. Addressing disparities and standardizing charging practices could help reduce the impact of discretionary decisions on justice outcomes, particularly for racial and ethnic minorities.

About the Study

This research was published in Criminal Justice and Behavior in September 2023. The full APA citation is: Henry, T. K. S., & Henderson, H. (2023). Pathways to offense charging: Examining defense decision-making during case processing. Criminal Justice and Behavior, 50(9), 1299–1320. https://doi.org/10.1177/00938548231170797