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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.
Nguyen et al. (Thu,) studied this question.