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Review of Economic Studies Vol. 88 No. 2 2021

Diversion in the Criminal Justice System

Michael Mueller-Smith1; Kevin T. Schnepel2

1 University of Michigan · 2 Simon Fraser University

Abstract

This article provides the first causal estimates on the popular, cost-saving practice of diversion in the criminal justice system, an intervention that provides offenders with a second chance to avoid a criminal record. We exploit two natural experiments in Harris County, Texas where first-time felony defendants faced abrupt changes in the probability of diversion. Using administrative data and regression discontinuity methods, we find robust evidence across both experiments that diversion cuts reoffending rates in half and grows quarterly employment rates by nearly 50% over 10 years. The change in trajectory persists even 20 years out and is concentrated among young black men. An investigation of mechanisms strongly suggests that stigma associated with a felony conviction plays a key role in generating these results. Other possible mechanisms including changes in incarceration, other universal adjustments in policy or practice, and differences in criminal processing are ruled out empirically.

DOI
10.1093/restud/rdaa030
Volume
88
Issue
2
Pages
883-936
Language
en
Sources
openalex bibtex:phds-export.bib crossref

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