The Difference a DA Makes

During his 2018 campaign to become Dallas County District Attorney, John Creuzot promised to decline prosecution of low-level marijuana misdemeanors. After his election, District Attorney Creuzot (DA Creuzot) honored this campaign promise, issuing policies designed to radically reduce misdemeanor marijuana prosecutions under certain circumstances. Analyzing qualitative and quantitative data, the authors describe police enforcement changes associated with the Dallas County District Attorney’s Office’s (DAO) policy of declining to prosecute most first-time marijuana misdemeanor offenses. The authors also explore how the DAO’s intake prosecution unit successfully implemented and enforced this marijuana non-prosecution policy. The article concludes by assessing this policy under new Texas legislation that constrains the use of prosecutorial discretion.

Keywords: Prosecution, prosecutorial discretion, progressive prosecution, non-prosecution, declination, marijuana, misdemeanors, racial injustice,

JEL Classification: K14, K4, K41, K42

Suggested Citation: Suggested Citation

Smiegocki, Victoria M. and Metzger, Pamela R. and Vinton, Shem, The Difference a DA Makes (October 29, 2023). 21 Ohio St. J. Crim. L. 331 (2024), SMU Dedman School of Law Legal Studies Research Paper No. 661, Available at SSRN: https://ssrn.com/abstract=4616738