A Postconviction Mentality: Prosecutorial Assistance in Exoneration Cases

Prosecutors’ broad discretionary power has long been of interest to scholars, yet little is known about discretionary choices after conviction. This study addresses the gap by exploring prosecutors’ willingness to assist with exonerations. Using data from the National Registry of Exonerations (N = 1,610), the author identifies factors that influence prosecutorial assistance. Results from generalized ordered logistic regression models demonstrate that avoiding uncertainty and maintaining workgroup relationships drives decision-making. Findings indicate that prosecutors are less likely to support exonerations involving law enforcement or forensic misconduct, violent offenses, and inadequate legal defense and more likely to support exonerations involving innocence organizations, guilty pleas, and black and Hispanic defendants. These findings suggest that prosecutors’ interest in protecting professional reputations, maintaining relationships, and optimizing efficiency influences discretion in the postconviction stage just as in earlier stages of case processing.     

Alcohol and drug use among rural and urban incarcerated substance abusers

A number of prisoners use drugs. Limited information is available about the extent to which urban and urban substance abusers differ in their drug use in criminal justice settings. In addition, many believe that rural areas are protected from drug use. However, findings from this study show only marginally statistical significant differences in drug use between incarcerated rural and urban drug users. It was expected that urban drug users would be more drug career involved with consistently higher levels of drug use and associated problems. Specifically, rural drug users in this study were older at age of first use of marijuana and cocaine; report fewer years of cocaine, hallucinogen, and heroin use; and report more alcohol and sedative use. Findings from this study suggest that rural and urban drug users are similar and that rural areas may be protective from some drug use but risky for other drug use.