“Heart and Soul of a Prosecutor”: The Impact of Prosecutor Role Orientation on Charging Decisions

Abstract

In most research, prosecutors are depicted monolithically as “interchangeable parts” rather than as individuals with varied perspectives. Yet, the prosecution is becoming increasingly diverse, a shift that is likely accompanied by different approaches to prosecution. Drawing upon the concepts of role orientation and job crafting, we identify three primary orientations to the job of a prosecutor, that of the Enforcer, the Reformer, and the Advocate. Whereas Enforcers view their job as merely to apply the law, Reformers focus on rehabilitation of the defendant, and Advocates are instead concerned with retribution for victims. These three interpretations of prosecutors’ responsibilities translate into different approaches to charging. Furthermore, when there is a disconnect between a prosecutor’s personal philosophy and that of their office more generally, prosecutors develop covert ways of exercising their priorities.

“Extremely Creepy, but Nothing he did was Illegal”: Charging Patterns During Prearrest Screening

“…Punitiveness among prosecutors appears to fall along a continuum (Lowrey-Kinberg et al, 2021; Meldrum et al, 2020, see also Spohn & Fornango, 2009). Differences in prosecutorial style may manifest in the reasons provided for declining cases.…”

Gender in the Courtroom Workgroup: Understanding the Relationship Between the Composition of Workgroups and the Gender Gap in Punishment

“…The limited work on prosecutor demographics suggests that female prosecutors may be more punitive than male prosecutors but only on some case processing decisions (LaPrade, 2020; Stemen & Escobar, 2018). Qualitatively, female prosecutors appear to be more likely than their male colleagues to espouse an “advocate” orientation toward their role, meaning they are primarily motivated by a desire to get retribution for the victim in the case (Lowrey-Kinberg et al, 2022). It has not been established whether male and female prosecutors differ systematically in their treatment of women in criminal cases.…”

Pathways to Offense Charging: Examining Defense Decision-Making During Case Processing

“…Prosecutors are central to early case-processing decisions (e.g., charging) and to a certain extent, case outcomes as a result of the heavy reliance on plea-bargaining. Given the centrality of their position, scholars have begun to examine their decision-making behaviors, particularly in relation to charging decisions (Alderden & Ullman, 2012; Brady & Reyns, 2020; Kutateladze et al, 2012; Lowrey-Kinberg et al, 2022; O’Neal & Spohn, 2017; Pinchevsky, 2017; Romain & Freiburg, 2013; Shermer & Johnson, 2010). Missing from the current discussion of charging decisions is an examination of the charging process itself and the role other court actors play in directing this process.…”