Prosecutorial Guidelines and Courtroom Workgroups

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Authors: Viet Nguyen, Aurélie Ouss
Cited by: 2
References: 50

Abstract

Prosecutor discretion significantly influences criminal case outcomes through charging decisions, plea bargaining, and sentencing recommendations. However, criminal case outcomes are also shaped by the interactions between judges and defense attorneys, who exercise their own discretion. Our study examines how internal prosecutorial guidelines that constrain discretion affect sentencing outcomes and case resolution types. We consider two distinct guidelines adopted in Philadelphia, which vary in terms of transparency and specificity: one offers broad guidance and the other imposes stricter targets. Using a difference-in-differences approach, we find that both policies resulted in reduced sentences. The more predictable plea terms encouraged the defense to opt for judge sentencing over negotiated pleas, leading to shorter sentences. These findings suggest that defense attorneys respond strategically to shifts in prosecutorial behavior, weighing sentencing expectations across legal actors. As a result, the effects of prosecutorial guidelines on outcomes are shaped by how other courtroom participants adapt and interact within the broader legal environment.

Fields of Study & Subjects

Psychopathy Forensic Psychiatry Sexual Offending Medical Malpractice and Liability Issues Criminal Justice and Corrections Analysis

Publication details

Journal / source
Justice Quarterly
Publisher
Informa UK Limited
Volume
43
Issue
4
Pages
849–879
Publication date
8 January 2026
Language
EN