Rethinking Drug Prosecution: The Impact of Progressive Prosecutors on Outcomes and Disparities

Abstract

To address concerns about a legal system frequently viewed as overly punitive and racially unjust, progressive chief prosecutors have sought to reduce or eliminate the prosecution of low-level drug offenses. Yet, no empirical research has examined whether jurisdictions led by progressive prosecutors treat such offenses less punitively or exhibit smaller racial/ethnic disparities than jurisdictions led by traditional prosecutors. Using case-level data, we find that low- and high-level drug offenses receive less punitive outcomes in progressive jurisdictions, which are more likely to impose non-felony convictions and alternatives to incarceration. Additionally, disparities disadvantaging racial minorities were more common in traditional than in progressive jurisdictions. Decomposition models suggest these differences stem from prosecutorial discretion rather than case characteristics. These findings highlight the potential of progressive prosecution to promote more equitable, less punitive justice.