Refusing to prosecute minor offenses: The relative influence of legal and extralegal factors

Abstract

A controversial aspect of the prosecutor's authority involves the decision to dismiss all criminal charges even though sufficient evidence exists to prosecute. In this regard, low-seriousness offenses are of particular interest because prior research indicates that extralegal factors are likely to play a role in the handling of these offenses. This study examines the relative effect of legal and extralegal factors on the nolle prosequi decision for a sample of shoplifting cases. Stepwise logistic regression analysis reveals that although race and gender are significant factors, the number of charged offenses and the prior arrest record are most predictive of decision outcomes. This finding suggests that even among low-seriousness offenses, legal factors are the most important determinants of the decision-making process. The analysis also reveals several interaction effects which raise the possibility that the use of social characteristics in criminal justice decisions may be related to perceptions of which offender groups pose the greatest threat to society.