Document Type


Publication Date

Summer 2020


Criminal Law Practitioner





First Page


Last Page



Prosecutors across the country are collecting and using data to make decisions in their offices. At the same time, prosecutors are interested in developing and sustaining prosecutorial diversion approaches. Prosecutors can use data to assist in decision-making regarding diversion case processing choices as well as to make office policy and resource allocation decisions that, in turn, support expanded diversion programs. Data collection can help prosecutors decide if a prosecutorial diversion program will work for them, and if so, what characteristics it should have. Finally, data can help prosecutors see whether they are obtaining their intended outcomes. Prosecutors possess varying levels of data and resources for using data. Using a case study of how the Manhattan District Attorney's Office, a data-heavy prosecutor's office, has incorporated data into its diversion decision-making, this paper will discuss how data can be collected, analyzed, and shared in developing and overseeing a prosecutor-led diversion program to increase transparency, efficiency, effectiveness, and consistency.



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