Examining Case Dismissal Outcomes in Prosecutor-Led Diversion Programs

• Published in: Criminal justice policy review 2023-04, Vol.34 (3), p.236-260
• Main Authors: Epperson, Matthew W., Sawh, Leon, Patel, Sadiq, Pettus, Carrie, Grier, Annie
• Format: Article
• Language: English
• Subjects: Defendants; Dismissal; Diversion programs; Ethnicity; Imprisonment; Legal reform; Legal system; Public prosecutors
• ISSN: 0887-4034; 1552-3586
• DOI: 10.1177/08874034221138738

Prosecutors’ offices are a critical site for criminal legal reform and decarceration efforts. Prosecutor-led diversion programs (PLDPs) are a prosecutorial innovation that process cases away from punitive prosecution and, instead, offer various services and supports. Successfully completing a PLDP results in the dismissal of the charge, which helps participants to avoid formal entry into the criminal legal system and a range of collateral consequences. This paper reports findings from over 11,000 participants in six PLDPs in three Midwestern jurisdictions, and examines race/ethnicity and charge characteristics associated with successful program completion and case dismissal. Findings indicate that PLDPs have the capacity to provide alternative processing to a large volume of defendants with high completion rates, although the likelihood of racial/ethnic minorities to successfully complete the program is mixed. PLDPs are discussed as a promising policy and programmatic innovation that can help to move away from an era of mass incarceration.