Displaced Discretion: The Effects of Sentencing Guidelines on Prosecutors’ Charge Bargaining in the District of Columbia Superior Court

While research indicates that sentencing guidelines systems often reduce sentencing disparity, few studies have examined whether sentencing guidelines shift discretion and disparity from judges to prosecutors. Some critics assert that guidelines do shift judicial discretion to prosecutors, but empirical evidence is scarce. This study seeks to provide some empirical data on the underresearched topic of hydraulic displacement of discretion. Using data from the District of Columbia Superior Court, the study asked whether charge bargaining practices changed after the District of Columbia adopted a regime of sentencing guidelines. The analyses indicate that some changes in the plea bargaining process did occur after the guidelines were implemented but that most were not statistically significant. Policy implications of the displacement thesis and the current findings are discussed.