Why Prosecuting Nonviolent, Misdemeanor Offenses Yields Poorer Outcomes

A recent study that analyzed over 20 years of administrative data found that within two years, marginal misdemeanor defendants who were prosecuted were more likely to be arrested, charged, prosecuted, and convicted of another crime. This is contrary to conventional wisdom that such prosecution should deter criminal involvement. What might explain this finding? Sociologist Sandra Smith will conduct a qualitative study of 75 matched pairs of marginal misdemeanor defendants – one prosecuted, the other not – to determine the effects of prosecution on penal system involvement and identify other effects that might negatively impact those prosecuted, their families, and communities. Smith and her research assistants will conduct in-depth interviews to gather information from the defendants about their experiences with arrest, prosecution (or not), and beyond. They will focus on descriptions of processes, how events unfolded, how individuals perceived those events and how it affected their behaviors. By comparing whether and when experiences and trajectories of matched pairs diverged, Smith will better understand how prosecution of nonviolent misdemeanor defendants might lead to poorer outcomes. She hypothesizes that these effects could harm physical and psychological wellbeing, prospects for employment and earnings, and that criminal justice financial obligations increase their debt burden. She will consider potential pathways that might explain negative outcomes, including the collateral consequences of criminal records of arrest and conviction; law enforcement’s response to such records; pretrial detention; court hearings and obligations; and trust in the law and legal authorities.