In prosecution, fairness and justice starts with treating similarly situated defendants similarly, seeking to eliminate disparities, and holding defendants accountable. But it is also about the integrity of the process – ensuring that prosecutors' offices are meeting ethical obligations.
What kinds of questions can we ask? To assess whether we are making fair and just decisions, we can ask a few questions: Are we treating all defendants equitably without racial, ethnic, gender, or socioeconomic disparity? Are we getting the most appropriate, most parsimonious outcome or sentence? Are we prosecuting cases ethically without overcharging and while meeting all procedural requirements?
Some lower-level cases are handled through diversion programs instead of jail. These programs allow individuals to complete certain requirements and avoid a conviction. This chart shows the number of misdemeanor cases that were diverted and the number that resulted in a jail sentence. (Note - felony cases are not displayed here because very few of them result in diversion.)
Before charges are filed, each case is carefully reviewed to make sure the charges are appropriate based on the evidence. When that review process is working well, felony charges are well-supported, and few cases will need to be downgraded to misdemeanors at disposition. This chart shows the percent of felony filings that were disposed of as misdemeanors.