| Discretion Over Guidelines to Avoid Excessive Penalties | |
|---|---|
| How it's measured | Percent of convictions in which prosecutor recommended a sentence (a) below the maximum sentence prescribed by guidelines/statutes and (b) below the minimum sentence prescribed by guidelines/statutes |
| Data elements | 1. Case disposition type 2. Prosecutor’s sentence recommendation 3. Sentencing range prescribed by guidelines/statutes 4. Date of case disposition |
| Frequency | Monthly |
| Desired direction | Increase in percent below maximum and minimum |
| Rationale for measuring this indicator | Prosecutors have vast discretion to advocate for penalties that fit each individual case. Statutory maxima should be reserved for the most serious offenders. This means recommending lesser sentences when they are adequate for ensuring public safety and serving justice. |
