Much like prior attempts at devising a set of performance indicators around justice, this starts with the idea of 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? We can think about this as answering 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.
Data on this site are based on the most detailed information available at the time of publication. All data will be regularly updated as more details about cases become available. There are many factors that could affect the results on these Indicators. The data presented here are intended to show general patterns and to highlight areas that might need further investigation. For more details on data and definitions, read our glossary.
Racial/ethnic minorities are at higher risk of victimization than whites. Decreasing this victimization will benefit racial/ethnic minority populations as well as decrease neighborhood violence overall.
The chart below shows the percent of violent crimes involving different racial/ethnic groups.
Victim race and ethnicity is collected only when victims volunteer this information, many decline to state this information during intake interviews with the DA’s Office Victim Services. Still, this partial data closely tracks the data on charged criminal defendants, meaning that there are disproportionately high Latino and African American victims of crime compared to Census data, similar to disproportionalities seen in criminal defendants.
Racial/ethnic disparities in case filing decisions can adversely affect subsequent outcomes for minority defendants. Case filing is a crucial discretionary decision point at which prosecutors can reduce or worsen disparities introduced at arrest. Misdemeanor drug case processing is especially prone to racial disparities.
The charts below show the percent of misdemeanor drug cases accepted for prosecution by quarter and the percent of all cases accepted for prosecution by quarter for different racial/ethnic groups.
In 2019, our Office began referring low level drug offenders to treatment rather than filing a criminal case unless the law enforcement agency referred three or more drug cases of any type within a year on the same suspect. Exceptions to the referral to treatment in lieu of filing a criminal charge are where there is a public safety reason to file charges (as in a fentanyl case).
Prosecutors have a responsibility to screen cases thoroughly and ensure charging accuracy. Felony prosecutions should be avoided when filing as a misdemeanor can accomplish the same public safety goals.
The chart below shows the percent of felony referrals that were filed as misdemeanors by quarter. Since 2020, the percent of felony referrals filed as misdemeanors has decreased from roughly 40% to 30%.
Prosecutors have unfettered discretion over charging, which ultimately drives sentencing outcomes. Responsible prosecution requires accurate charging decisions based on the facts of the case. Rather than using charges as a bargaining chip to coerce guilty pleas, prosecutors should only charge what they can and intend to prove.
The chart below shows the percent of filed felony cases resolved as misdemeanors by quarter. Since 2020, the percent of felony cases resolved as misdemeanors has increased from roughly 3% of cases to 17% of cases. Other prosecutors' offices examining this metric have seen rates closer to 50% of cases.