Prosecutor Transparency Project: Racial Disparities Study (Washtenaw County, Michigan)

116 Pages Posted: 31 Dec 2023 Last revised: 9 Feb 2024

See all articles by Grady Bridges

Grady Bridges

Independent

J.J. Prescott

University of Michigan Law School

Date Written: December 2023

Abstract

This report investigates and estimates racial disparities in prosecutorial decision-making in the Washtenaw County Prosecutor’s Office (WCPO) from 2017 to 2022. The analysis relies on currently available data resources at the WCPO and examines decision-making at four different junctures in the prosecutorial process: 1) case approval (i.e., warrant authorization) and charge selection, 2) habitual-offender designation (under Michigan law), 3) plea bargaining, and 4) diversion and deferral opportunities. Racial disparities appear most visibly at the earliest stages of the criminal justice process, with People of Color substantially overrepresented in the warrant requests the WCPO receives from law enforcement. The data further indicate that, conditional on receiving a warrant request, the WCPO is somewhat more likely to charge People of Color with a crime, although the practical difference in charging rates is small. Furthermore, the analysis uncovers statistically significant racial differences in charging outcomes among defendants with at least one authorized warrant, with the WCPO charging People of Color with more total offenses and more severe offenses than white people on average. Interestingly, the data also indicate that People of Color fare somewhat better than white people with respect to habitual-offender designation, though the use of such designations by the WCPO in recent years is rare. Currently available data indicate no other notable racial disparities in WCPO decision-making during the period of study. Limitations in current data-collection practices represent the main impediment to further examination of WCPO decision-making. Improving and expanding data collection and organization efforts will allow the WCPO to 1) better understand how disparities arise at its early phases of prosecution (e.g., charging) and 2) further explore other decision-making junctures (including plea bargaining and diversion and deferral opportunities) where data are insufficiently available.

Suggested Citation

Bridges, Grady and Prescott, J.J., Prosecutor Transparency Project: Racial Disparities Study (Washtenaw County, Michigan) (December 2023). Available at SSRN: https://ssrn.com/abstract=4680695 or http://dx.doi.org/10.2139/ssrn.4680695

Grady Bridges

Independent ( email )

J.J. Prescott (Contact Author)

University of Michigan Law School ( email )

3170 South Hall
701 S. State St.
Ann Arbor, MI 48109
United States
734-763-2326 (Phone)

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