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Community influence on prosecutorial dismissals: A multilevel analysis of case- and county-level factors

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  • Franklin, Travis W.

Abstract

Researchers have recently recognized the importance of social context for developing a more complete understanding of the sentencing process where community characteristics help to account for variation in sentencing practices from one legal jurisdiction to the next. Similar developments, however, have been nearly absent in the study of prosecutorial decision making; this is particularly important given the substantial authority afforded prosecutors throughout the criminal justice process. To address this considerable shortcoming, the current study used multilevel modeling to test the effects of several theoretically relevant community-level measures on the prosecutor's decision to dismiss criminal charges. Findings indicated that multiple measures of social context influence prosecutorial decision making, but not always as specified by the examined theoretical frameworks. Implications of the current study are discussed with regard to theory, research, and policy.

Suggested Citation

  • Franklin, Travis W., 2010. "Community influence on prosecutorial dismissals: A multilevel analysis of case- and county-level factors," Journal of Criminal Justice, Elsevier, vol. 38(4), pages 693-701, July.
    • Handle: RePEc:eee:jcjust:v:38:y::i:4:p:693-701
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    1. Petrocelli, Matthew & Piquero, Alex R. & Smith, Michael R., 2003. "Conflict theory and racial profiling: An empirical analysis of police traffic stop data," Journal of Criminal Justice, Elsevier, vol. 31(1), pages 1-11.
    2. Pope, Carl E., 1976. "The influence of social and legal factors on sentence dispositions: A preliminary analysis of offender-based transaction statistics," Journal of Criminal Justice, Elsevier, vol. 4(3), pages 203-221.
    3. Jeff Dominitz, 2003. "How Do the Laws of Probability Constrain Legislative and Judicial Efforts to Stop Racial Profiling?," American Law and Economics Review, American Law and Economics Association, vol. 5(2), pages 412-432, August.
    4. Barnes, Carole Wolff & Kingsnorth, Rodney, 1996. "Race, drug, and criminal sentencing: Hidden effects of the criminal law," Journal of Criminal Justice, Elsevier, vol. 24(1), pages 39-55.
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    Cited by:

    1. Avni, Omrit & Guetzkow, Joshua & Hasisi, Badi, 2024. "Bias in prosecutorial decision making: Bridging focal concerns & group threat," Journal of Criminal Justice, Elsevier, vol. 92(C).
    2. Hartley, Richard D. & Tillyer, Marie Skubak & Tregle, Brandon & Smith, Michael R., 2025. "Case dismissal and noncarceral sentences: High volume, low visibility decision-making in a large urban court," Journal of Criminal Justice, Elsevier, vol. 98(C).
    3. Oramas Mora, Daniela & Mitchell, Ojmarrh & Spohn, Cassia, 2025. "Does variation across judicial circuits matter? Examining the role of bail schedules and pretrial detention on drug case outcomes in Florida," Journal of Criminal Justice, Elsevier, vol. 99(C).

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