Prosecutorial discretion radiates through the whole justice system but stays undocumented

Evidence

Prosecutors have the power to decide which cases to prosecute, determine and change charges, dismiss cases and drop specific charges at multiple points, adopt diversion programs and divert qualified defendants, negotiate pleas, and make pretrial release and sentencing recommendations—and they wield this power with vast discretion. Moreover, the power radiates outward, impacting police decision-making on one end; on the other end, it impacts the conduct of parole and probation officers. Yet what goes into prosecutorial decisions is poorly understood because most prosecutorial offices do not record, collect, or release useful data. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 30

Categorization

• QUESTION: The chapter is described as reporting NYC and Florida data — worth chasing Kutateladze’s specific findings on charge-stage racial disparities as concrete evidence for the bias-in-law piece.
• corroborated: 2 independent passages support this claim — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 30