Race and Prosecution in Manhattan

This report summarizes a two-year study which analyzed more than 200,000 cases. It focuses on the role of prosecutors during several points of a criminal case -- case acceptance for prosecution, dismissals, pretrial detention, plea bargaining, and sentencing recommendations -- and whether prosecutorial discretion contributes to racially and ethnically disparate outcomes. While the best predictors of case outcomes were factors that directly pertained to legal aspects of a case -- including the seriousness of the charge, the defendant's prior record, and the offense type -- the research also found that race remained a factor in case outcomes.

• DANY prosecutes nearly all cases brought by the police, with no noticeable racial or ethnic differences at case screening. For subsequent decisions, disparities varied by discretionary point and offense category Tweet
• Compared to similarly situated white defendants: Tweet
• Blacks charged with drug offenses were more likely to receive more punitive plea offers and custodial sentences. Tweet
• Blacks with misdemeanor drug offenses were more likely to have their cases dismissed or be detained at arraignment. They were also 27 percent more likely to receive a custodial sentence offer and 15 percent more likely to be imprisoned. Tweet
• Likewise, Blacks with misdemeanor person offenses were more likely to be detained at arraignment and 15 percent more likely to be imprisoned. Tweet