Misdemeanor Prosecution

88 Pages Posted: 29 Mar 2021 Last revised: 23 Feb 2022

See all articles by Amanda Agan

Amanda Agan

Rutgers University, New Brunswick - Department of Economics

Jennifer L. Doleac

Texas A&M University - Department of Economics

Anna Harvey

New York University Department of Politics

Multiple version iconThere are 3 versions of this paper

Date Written: March 2021

Abstract

Communities across the United States are reconsidering the public safety benefits of prosecuting nonviolent misdemeanor offenses. So far there has been little empirical evidence to inform policy in this area. In this paper we report the first estimates of the causal effects of misdemeanor prosecution on defendants' subsequent criminal justice involvement. We leverage the as-if random assignment of nonviolent misdemeanor cases to Assistant District Attorneys (ADAs) who decide whether a case should move forward with prosecution in the Suffolk County District Attorney's Office in Massachusetts. These ADAs vary in the average leniency of their prosecution decisions. We find that, for the marginal defendant, nonprosecution of a nonviolent misdemeanor offense leads to large reductions in the likelihood of a new criminal complaint over the next two years. These local average treatment effects are largest for first-time defendants, suggesting that averting initial entry into the criminal justice system has the greatest benefits. We also present evidence that a recent policy change in Suffolk County imposing a presumption of nonprosecution for a set of nonviolent misdemeanor offenses had similar beneficial effects: the likelihood of future criminal justice involvement fell, with no apparent increase in local crime rates.

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Suggested Citation

Agan, Amanda and Doleac, Jennifer L. and Harvey, Anna, Misdemeanor Prosecution (March 2021). NBER Working Paper No. w28600, Available at SSRN: https://ssrn.com/abstract=3814587

Amanda Agan (Contact Author)

Rutgers University, New Brunswick - Department of Economics ( email )

New Brunswick, NJ
United States

Jennifer L. Doleac

Texas A&M University - Department of Economics ( email )

5201 University Blvd.
College Station, TX 77843-4228
United States

HOME PAGE: http://jenniferdoleac.com/

Anna Harvey

New York University Department of Politics ( email )

19 W. 4th St.
New York, NY 10012-1099
United States

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