Implicit Biases and Discretionary Prosecutorial Decision Making

University Of Alabama Tuscaloosa, Tuscaloosa AL

Investigators

Abstract

Title: Implicit Biases and Discretionary Prosecutorial Decision Making Abstract In the United States, prosecutorial discretion provides criminal prosecutors with the ability to decide whether to pursue or dismiss initial criminal charges, and whether to negotiate a plea bargain. However, not much is known about the factors that may motivate prosecutors when they make these significant legal decisions, including whether any biases may influence their decisions. Understanding this decision-making process is particularly important when the crime involves intimate partner violence (IPV). This project will study and compare potential implicit biases in prosecutorial decisions in cases of IPV. This project will employ an experimental approach with prosecutors recruited to participate. Measures will be taken to assess any explicit and implicit biases. In the experiments the prosecutors will then be provided with materials from the initial stages of an IPV criminal investigation, including the arrest report and witness statements. The gender and sexual orientation of the individuals involved in the alleged offense will be manipulated and varied. Prosecutors will then determine how they would proceed in the case, including whether to charge a felony or misdemeanor, and whether to offer a plea bargain. This multidisciplinary project engages theoretically in the psychology and criminal justice literatures. The research will provide insight into various influences on prosecutors when rendering decisions in IPV cases. As well, by offering a more comprehensive understanding of prosecutorial discretion, it has the potential to guide reform and improve practice. This award reflects NSF's statutory mission and has been deemed worthy of support through evaluation using the Foundation's intellectual merit and broader impacts review criteria.