Vera

Other Work

Prosecution and Racial Justice

Overview

In a groundbreaking effort to enhance justice and guard against racially biased decision making, Vera’s Prosecution and Racial Justice project (PRJ) is partnering with district attorneys in three jurisdictions across the United States to track and manage prosecutorial decision making at critical stages that influence or determine the outcome of criminal cases. The goal of these alliances is to help the district attorneys identify patterns that suggest race or ethnicity are inappropriately influencing prosecutors’ decisions and to create ongoing internal protocols that will promote racial fairness and justice.

Compared to other officials such as police officers or judges, prosecutors exercise significant discretion over defendants, with minimal external oversight. Their decision to charge a defendant and their prerogative to select the specific charges are constrained primarily by ethical considerations and internal policies and practices. A similar discretion is evident in their role in seeking plea bargains and making recommendations about bail and post-conviction disposition (such as seeking placement in alternatives to incarceration and diversionary programs). Improved internal monitoring of these decisions may reduce subconscious and institutional racial biases, particularly in regard to African Americans and Latinos, who are statistically overrepresented in U.S. jails and prisons.

Over the course of three years, PRJ staff will work with the chief prosecutors and their staffs in Mecklenburg County District Attorney’s Office in North Carolina, the Milwaukee County District Attorney’s Office in Wisconsin, and the San Diego County District Attorney’s Office in California to track a variety of variables and race-based indicators by adapting internal case management systems to collect this data. After analyzing any emerging patterns indicating possible racial disparities or instances of dissimilar treatment, project staff will help the district attorneys to develop protocols for ongoing review of the data and to implement corrective policies and procedures. As part of this work, PRJ staff and their partners will work together to build community and professional support for the partners’ efforts to reduce potential bias within the prosecutor’s office and the criminal justice system.

PRJ staff and their partners will also engage in an ongoing effort to share their experiences and lessons with prosecutors and criminal justice representatives around the nation, encouraging them to undertake similar initiatives in their jurisdictions.