ABSTRACT
In the American criminal justice system prosecutors are often seen as the most powerful legal actors. With almost limitless and unchecked discretion, prosecutors are involved in criminal proceedings from beginning to end and decide when to file or drop charges, the exact changes to be filed, how to prosecute, and they control charge and plea bargaining. In recent years, a growing body of scholarship has examined potential factors that affect case outcomes throughout the prosecution process, revealing disparity and unequal outcomes for select groups of defendants. Research has suggested that factors found to influence prosecutorial discretion include race, age, convictability, jurisdiction, and gender, and each factor has varying impacts depending on the relevant stage of proceedings. Such findings highlight unfair outcomes in the prosecution process, and in the criminal justice system in general.
