The case for screening

This report is a result of a collaborative effort between Solicitor Wilson, her team, and Justice Innovation Lab. The goal of this project has been to identify and address systematic shortcomings in the justice system and begin developing solutions. We view this report as a starting point in an ongoing conversation.

Improving prosecutorial performance and decision making is impossible without data. Data takes center stage in the partnership, because it tells prosecutors what problems are the biggest threats to community well-being, and it points to ways to tackle those problems. Data helps measure the overall impact of prosecutors’ work, and it alerts them that a policy or practice needs to be continued or changed. Most prosecutors’ offices lack the ability to collect, analyze, and apply data to these ends. Many offices do not record the data they need. Others are missing the staff and knowledge necessary to analyze their data. Still other offices—probably most—do not currently have the ability to use data to guide their decisions and reforms. This project focuses on helping prosecutors overcome these hurdles.

This report makes the case for creating a data-informed case screening process, where charges referred for prosecution receive a preliminary review. This process can be used to identify cases for quicker disposition, improving outcomes for arrestees, prosecutors, and the local community. Case screening enables prosecutors to quickly dismiss charges that fail to meet evidentiary standards of proof and identify cases that could be better resolved with alternatives to prosecution, such as diversion. Timely dismissals reduce the negative impact on arrestees of prolonged disposition times and can improve public safety by allowing prosecutors to prioritize the most serious charges. Case screening is particularly urgent given significant backlogs exacerbated by the COVID-19 pandemic.