The DA’s Office decides whether or not to prosecute felony referrals– formal accusations that a specific person has committed a specific crime. In this section, we consider instances where the DA’s Office has declined to file charges following a felony referral.
In the 8th Judicial District, 16,210 felony referrals were made for White, Black, and Hispanic individuals between January 1, 2017 and June 30, 2022. The DA’s Office declined to file charges for 7.2% of these (1,166). The Office declined to file charges in 7.4% (883) of felony referrals involving White individuals, 7.0% (235) involving Hispanic individuals, and 5.2% (48) involving Black individuals. These represent raw rates: any differences we see could be due to differences in individuals or case characteristics.
Outcome: Felony Declination (All)
The results account for differences in individual characteristics.
7.4%
N/A
7.1%
Predicted Probability of Felony Declination. After controlling for defendant gender, age, and criminal history, the predicted probability of having a felony referral declination was 7.4% for White individuals and 7.1% for Hispanic individuals. These estimates aim to take into account potential differences in individual characteristics.
- Due to a low number of felony referrals declined for Black defendants, we have chosen not to include this group in the multivariable analyses.
- Individuals without a criminal history or a less serious criminal history, as well as younger individuals (under age 18), were more likely to have their felony referral declined.
- Since charge information was not available for declined referrals, we were not able to consider charge type or charge severity.
The rest of the report considers felonies and misdemeanors filed between January 1, 2017 and June 30, 2022 for individuals identified as White, Black, or Hispanic. Our sample includes 49,290 cases that were disposed of during that time frame. The racial/ethnic breakdown of defendants in our sample was: 74.9% White (36,892), 20.3% Hispanic (10,011), and 4.8% Black (2,387).
Case outcomes. Of the cases in our sample, 65.1% were resolved through plea agreements, 14.1% through dismissal, 12.0% through deferred judgments, 8.0% through a global plea, and 0.7% through a trial. Systematic data on other outcomes, such as diversion, are not available.
Differences Among Defendants. There were some differences among defendants. Hispanic and Black individuals were younger than White individuals. White individuals were less likely to have a criminal history. Black individuals had slightly higher rates of having cases involving a felony charge (vs. misdemeanor) filed. It took longer to resolve cases for Black individuals.
More on differences among defendants
A case is dismissed when the criminal charges are terminated, either by the court or by the prosecutor. There can be several reasons why a case is dismissed, including: a lack of evidence or unavailability of a witness. Cases may also be noted as dismissed if they are referred to, or successfully complete, a diversion program.
Total Dismissed: Our sample included 6,950 cases that were dismissed. Dismissals accounted for 14.1% of case dispositions in the sample. Overall, 16.6% (397) of cases involving Black individuals, 14.6% (5,366) of cases involving White individuals, and 11.9% (1,187) of cases involving Hispanic individuals were dismissed. These represent raw rates: any differences we see could be due to differences in individuals or case characteristics.
Outcome: Dismissal (All)
The results account for differences in individual and case characteristics.
14.6%
16.6%
11.8%
Predicted Probability of Dismissal: After controlling for defendant age, gender, criminal history, case length, disposition quarter, charge type, and charge class, the predicted probability of a case resulting in dismissal was 16.6% for Black individuals, 14.6% for White individuals, and 11.8% for Hispanic individuals. These estimates aim to take into account potential differences in individual or case characteristics.
To further explore potential differences across races/ethnicities we zoomed in on dismissals by charge level (misdemeanor) and dismissals by the charge types most frequently dismissed: person or sex, traffic, and property offenses.
Dismissals by Charge Level: Cases involving a misdemeanor charge were more likely to result in a dismissal (16.7%) than cases involving a felony charge (6.9%). For misdemeanors, after controlling for individual and case characteristics, the predicted probability of dismissal was 19.3% for Black individuals, 17.3% for White individuals, and 13.9% for Hispanic individuals.
Dismissals by Charge Type: Cases involving person or sex charges were also more likely to result in a dismissal: 20.6% of these cases were dismissed across races/ethnicities. After controlling for individual and case characteristics, the predicted probability of dismissal was 26.2% for Black individuals, 20.7% for White individuals, and 18.3% for Hispanic individuals.
Dismissals for Traffic Offenses: Cases involving traffic charges were more likely to result in a dismissal: 14.9% of these cases were dismissed across races/ethnicities. After controlling for individual and case characteristics, the predicted probability of dismissal was 18.2% for Black individuals, 15.4% for White individuals, and 12.7% for Hispanic individuals. A similar pattern was seen for cases involving the most frequent traffic charge, “Driving Under Restraint/Revoked License”.
Dismissals for Property Offenses: Cases involving property charges were more likely to result in a dismissal: 11.8% of these cases were dismissed across races/ethnicities. After controlling for individual and case characteristics, the predicted probabilities of dismissal was 12.0% for White individuals, 11.9% for Black individuals, and 11.0% for Hispanic individuals.
A deferred judgment is an alternative to traditional prosecution that attempts to address individuals’ needs and to offer alternatives such as useful public service, probation, payment of restitution, or counseling or treatment related to their case. The defendant enters a temporary guilty plea, and, if they comply with the terms, their guilty plea is withdrawn and the case is dismissed.
Total Deferred. Our sample included 5,905 cases that were deferred. Deferrals accounted for 12.0% of case dispositions in our sample. Overall, 12.5% (4,624) of cases involving White individuals, 11.9% (285) of cases involving Black individuals, and 10.0% (996) of cases involving Hispanic individuals were deferred. These represent raw rates: any differences we see could be due to differences in individuals or case characteristics.
Outcome: Dismissal (All)
The results account for differences in individual and case characteristics.
17.8%
19.3%
16.3%
Predicted Probability of Deferral: After controlling for defendant age, gender, criminal history, charge class, charge type, case length, and disposition quarter, the predicted probability of a case resulting in deferral wass 12.4% for White individuals, 10.8% for Hispanic individuals, and 10.6% for Black individuals. These estimates aim to take into account potential differences in individual or case characteristics.
To further explore potential differences across races/ethnicities we zoomed in on deferrals by charge level (felonies) and by charge type most frequently deferred: person or sex and property offenses.
Deferrals by Charge Level: Cases involving a felony charge were more likely to result in a deferral (13.5%) than cases involving a misdemeanor charge (11.4%). For felonies, after controlling for individual and case characteristics, the predicted probability of deferral was 14.3% for White individuals, 11.8% for Hispanic individuals, and 10.6% for Black individuals.
Deferrals for Person or Sex Offenses: Cases involving person or sex charges were likely to result in a deferral: 21.6% of these cases were deferred across races/ethnicities. After controlling for individual and case characteristics, the predicted probability of deferral was 22.5% for White individuals, 19.5% for Hispanic individuals, and 15.9% for Black individuals.
Deferrals for Property Offenses: Cases involving property charges were likely to result in a deferral: 18.2% of these cases were deferred across races/ethnicities. After controlling for individual and case characteristics, the predicted probability of deferral was 18.9% for White individuals, 16.7% for Black individuals, and 15.8% Hispanic individuals.
An individual pleads guilty when they admit a factual basis for the plea and acknowledge guilt for a charge, sometimes in exchange for a more lenient sentence.
Total Plead Guilty: Our sample included 32,083 cases that resulted in a guilty plea. Guilty pleas accounted for 65.1% of case dispositions in the sample. Overall, 69.1% (6,922) of cases involving Hispanic individuals, 64.2% (23,694) of cases involving White individuals, and 61.5% (1,467) of cases involving Black individuals resulted in a guilty plea. These represent raw rates: any differences we see could be due to differences in individuals or case characteristics.
Outcome: Dismissal (All)
The results account for differences in individual and case characteristics.
64%
64%
69.3%
Predicted Probability of Pleading Guilty: After controlling for defendant age, gender, criminal history, charge class, charge type, case length, and disposition quarter, the predicted probability of a case resulting in a guilty plea was 69.3% for Hispanic individuals, and 64.0% for White and 64.0%for Black individuals. These estimates aim to take into account potential differences in individual or case characteristics.
To further explore potential differences across races/ethnicities we zoomed in on guilty pleas by charge level (felonies) and guilty pleas by the charge types most frequently plead to: drug, DUI, and traffic offenses.
Plead Guilty by Charge Level: Cases involving a felony charge were more likely to result in a guilty plea (73.2%) than cases involving a misdemeanor charge (62.2%). For felonies, after controlling for individual and case characteristics, the predicted probability of a case resulting in a guilty plea was 75.9% for Hispanic individuals, 74.4% for Black individuals, and 72.3% for White individuals.
Plead Guilty for Drug Offense: Cases involving drug charges were more likely to result in a guilty plea: 80.3% of these cases resulted in a guilty plea across races/ethnicities. After controlling for individual and case characteristics, the predicted probability of a guilty plea was 81.7% for Hispanic individuals and 80.1% for White individuals. Due to a low number of cases involving these charges for Black individuals, we chose not to include this group in this multivariable analyses.
Plead Guilty for Driving Under the Influence (DUI) Offenses: Cases involving DUI charges were likely to result in a guilty plea: 77.8% of these cases resulted in a guilty plea across races/ethnicities. After controlling for individual and case characteristics, the predicted probability of a guilty plea was 81.8% for Hispanic individuals and 77.0% for White and 77.0% for Black individuals.
Plead Guilty for Traffic Offenses: Cases involving traffic charges were also likely to result in a guilty plea: 75.1% of these cases resulted in a guilty plea across races/ethnicities. After controlling for individual and case characteristics, the predicted probability of a guilty plea was 77.9% for Hispanic individuals and 74.3% for White and 72.0% for Black individuals. Similar patterns were seen for the most frequent traffic charge: “Driving Under Restraint/Revoked License”.
After a prosecutor files a case, the top charge in the case may change over time as some charges are dismissed or amended between filing and disposition. In this section, we considered reductions in the severity of charges from initial filing to disposition for cases that plead or were found guilty.
Total Charge Reduction: Of the 32,083 cases that resulted in a guilty plea, 50.2% had no charge reduction, 24.2% had a within charge level reduction (either from a more severe felony to a less severe felony, or from a more severe misdemeanor to a less severe misdemeanor), and 25.6% were reduced across charge levels (from a misdemeanor to a petty offense/infraction or from a felony to misdemeanor or petty offense/infraction). Overall, the breakdown across racial/ethnic groups was:
- No reduction: 50.7% White (12,016), 49.2% Hispanic (3,403), and 46.8% Black (687).
- Within charge level reduction: 26.7% Black (392), 24.5% Hispanic (1,698), and 23.9% White (5,669).
- Across charge level reduction: 26.5% Black (388), 26.3% Hispanic (1,821), and 25.4% White (6,009).
Outcome: No Charge Reduction (All)
The results account for differences in individual and case characteristics.
50%
48.5%
51.3%
Predicted Probability of Charge Reduction: After controlling for defendant age, gender, criminal history, charge class, charge type, case length, disposition quarter, and whether the referred charge was reduced at filing, the predicted probability of no charge reduction was 51.3% for Hispanic individuals, 50.0% for White individuals, and 48.5% for Black individuals.
The predicted probability of a within charge level reduction was 24.2% for Black individuals, 23.8% for Hispanic individuals, and 23.4% for White individuals,.
The predicted probability of across charge level reduction was 27.3% for Black individuals, 25.7% for White individuals, and 24.9% for Hispanic individuals. These estimates aim to take into account potential differences in individual or case characteristics.
To further explore potential differences across races/ethnicities, we zoomed in on charge reduction by the charge types most frequently reduced: person or sex, property, and traffic offenses.
Charge Reduction for Person or Sex Offenses: After controlling for individual and case characteristics, the predicted probability of across charge level reduction (reduction from a misdemeanor to a petty offense/infraction or from a felony to misdemeanor or petty offense/infraction) for cases involving person or sex charges was 18.6% for Black individuals, 15.4% for White individuals, and 14.6% for Hispanic individuals.
Charge Reduction for Property Offenses: After controlling for individual and case characteristics, the predicted probability of across charge level reduction (reduction from a misdemeanor to a petty offense/infraction or from a felony to misdemeanor or petty offense/infraction) for cases involving property charges was 30.2% for Black individuals, 29.7% for Hispanic individuals, and 29.1% for White individuals.
Charge Reduction for Traffic Offenses: After controlling for individual and case characteristics, the predicted probability of across charge level reduction (reduction from a misdemeanor to a petty offense/infraction or from a felony to misdemeanor or petty offense/infraction) for cases involving traffic charges was 45.6% for White individuals, 45.5% Black individuals, and 42.5% for Hispanic individuals.
After an individual is found guilty of a crime, a judge imposes a sentence which may include fees, fines, community service, probation, jail, community corrections, or prison. Prosecutors and defense attorneys can negotiate plea bargains or make sentencing recommendations to the judge, who decides on the ultimate sentence. Incarceration includes any jail sentence (with or without probation), community corrections, or prison.
Total Incarceration: Of the 32,083 cases that resulted in a guilty plea, 23.1% (7,410) had an incarcerative sentence. Overall, 25.6% (376) of cases involving Black individuals, 23.3% (1,613) of cases involving Hispanic individuals, and 22.9% (5,421) of cases involving White individuals resulted in an incarcerative sentence. These represent raw rates: any differences we see could be due to differences in individuals or case characteristics.
No Charge Reduction
The results account for differences in individual and case characteristics.
22.9%
22.6%
23.9%
Predicted Probability of Incarceration: After controlling for defendant age, gender, criminal history, charge class, charge type, case length, and disposition quarter, the predicted probability of incarceration was 23.9% for Hispanic individuals, 22.9% for White individuals, and 22.6% for Black individuals. These estimates aim to take into account potential differences in individual or case characteristics.
To further explore potential differences across races/ethnicities we zoomed in on incarceration by charge level (felonies) and incarceration by the charge types most frequently incarcerated: property and person or sex offenses.
Incarceration by Charge Level: Cases involving a conviction for a felony charge were more likely to result in an incarcerative sentence (47.0%) than cases involving a conviction for a misdemeanor charge (12.8%). For felonies, after controlling for individual and case characteristics, the predicted probability of an incarcerative sentence was 49.7% for Hispanic individuals, 46.4% for White individuals, and 44.8% for Black individuals.
Incarceration for Property Offenses: Cases involving property charges were more likely to result in an incarcerative sentence: 25.7% of these cases resulted in incarceration across races/ethnicities. After controlling for individual and case characteristics, the predicted probability of an incarcerative sentence was 38.5% for Hispanic individuals, 37.4% for Black individuals, and 35.4% for White individuals.
Incarceration for Person or Sex Offenses: Similarly, cases involving person or sex charges were also more likely to result in an incarcerative sentence: 19.4% of these cases resulted in incarceration across races/ethnicities. After controlling for individual and case characteristics, the predicted probability of an incarcerative sentence was 30.3% for Hispanic individuals, 28.9% for White individuals, and 27.2% for Black individuals.
The fair and just treatment of all individuals at each stage of the criminal justice process is of significant importance. We hope this analysis will prompt a conversation about what systemic drivers of racial/ethnic disparities exist and how a DA’s Office might work to address them. We welcome your reflections on the findings and potential next steps.