CASE STUDY

Data and Transparency
in Prosecution

LOCATION

Nationwide

location

ACTIVE

2018-present


This portfolio of partnerships with prosecutors’ offices across the country offers in-depth technical assistance to create data-driven policy, practice, and operations. 


Challenge:

After arrest, prosecutors are the de facto gatekeepers to the criminal legal system. In cities, counties, and states of all political stripes and geographical sizes, state and local prosecutors’ offices have a considerable amount of discretion when it comes to who is charged and will move deeper into the system. These decisions can be shaped by equity, safety, efficiency, and/or other community-specific goals. To identify, operationalize, and measure the success of these goals, many prosecutors’ offices—alongside other criminal legal system partners—have shifted toward policies and practices grounded in data.  

To identify, operationalize, and measure the success of these goals, many prosecutors’ offices—alongside other criminal legal system partners—have shifted toward policies and practices grounded in data.  

Using performance indicators and data-driven operational reviews to achieve concrete and measurable outcomes have become the norm in many agencies and offices. Still more are developing their data capacities internally or through external partnerships. Such data capacities are useful to assess and fortify agency functions, but beyond operations, and even more foundational to these agencies’ mandates, these capacities are fundamental to transparency and accountability in the criminal legal system.   

The use of data and analysis—both for improving criminal legal system outcomes and holding them accountable—varies substantially across agencies, and is particularly underdeveloped at the point of prosecution. Prosecution remains one of the most opaque areas of criminal legal decision-making. The biggest driver of this opacity is prosecutorial culture itself, exacerbated by outdated technologies and infrastructures. As prosecutors have the most discretion and power to determine the fate of people in the criminal legal system, transforming this culture to support data-driven policy and practice is an obligatory element of broader change.   

Approach:

Over the past several years, there has been movement among prosecutors to reimagine what success means in their offices. This includes diverting people who may not belong in jail from the system whenever possible to directing resources towards the small share of individuals who contribute the most harm to our communities.  Making change at the point of prosecution requires commitment from prosecutorial leaders to examine their policies and practices and identify and advance those that lead to more equitable, effective, and safer outcomes.   

To support, enhance, and sustain these efforts, CUNY ISLG’s experts draw on our research and operational expertise to help prosecution partners develop concrete, practical strategies to build data-driven capacity and tools that can support a variety of operational, policy, and practice needs. We do this through three key types of work, which can work alone or in combination, but are tailored to each office’s self-identified needs and priorities:   

  • Data and Analytic Capacity-Building: This is a critical foundation for data-informed work. CUNY ISLG’s approach in this area starts with a wellness check of existing data, systems, and analytic capacity, along with an assessment of the office’s data and analytic interests and needs. The wellness check is used to inform a set of capacity-building improvements that CUNY ISLG then helps the office prioritize and implement. This work can be broad in scope—e.g., toward goals of accountability and transparency across the office—or targeted toward data and analytic capacity in a specific area—e.g., for tracking gun cases and their outcomes.    

  • Action Research: We carry out analysis and research to help prosecutors better understand how decisions are made and the impacts of decisions, policies, and practices on a range of outcomes, including community safety and equity. Findings are then applied in practice, informing the development and implementation of policies and practices that advance equity and address other needs and gaps identified.   

  • Performance Management: We help prosecutorial partners establish performance metrics on key goals and objectives and set up processes and tools to share them internally and externally.   

Across all these work streams, we strive to ensure that community perspectives are reflected throughout the process.   

Progress:

CUNY ISLG has implemented these approaches with different prosecutors across the country. Below are some key partnerships showcasing our work.

For more information on any of our prosecution work, please contact Jennifer Ferone at jennifer.ferone@islg.cuny.edu

Latest Updates

Project Reports