The Vera Institute of Justice set out to discover whether prosecutorial decisions might lead to disparate outcomes in prosecution and incarceration for blacks, Latinos and Asians.

Vera began work on the study with chief prosecutors from Charlotte, North Carolin; Milwaukee, Wisconsin; San Diego and San Francisco, California; and Lincoln, Nebraska. In 2012 they partnered with the New York District Attorney's office for a two-year study on prosecutorial decisions, and the first report, Race and Prosecution in Manhattan is the result. Vera thinks, given the prominence of the NY District Attorney's (DANY) office, the report will have national significance.

The New York District Attorney's office handles 100,000 cases annually and is a leader in the field of criminal prosecution.

The research looked at which prosecutors exercise discretion from case acceptance for prosecution, to dismissals, pretrial detention, and plea bargaining and sentencing recommendation, and examined the outcomes for white, black, Latino and Asian defendants. The researchers examined over 200,000 cases from 2010-2011 and interviewed 16 assistant district attorneys to learn about case processing.

The study, released this month, found the DANY prosecutes nearly all cases brought by the police, with no noticeable racial or ethnic differences in case screening, including 94 percent of felonies, 96 percent of misdemeanors and 89 percent of violations.

The study found for all offenses combined, black and Latino defendants were more likely to be detained at arraignment (remanded or have bail set, but not met), to receive a custodial sentence offer as a result of a plea bargaining process, and to be incarcerated, but they were also more likely to have their cases dismissed.

Blacks and Latinos charged with misdemeanor drug offenses were more likely to have their cases dismissed. Those charged with misdemeanor person or drug offenses were more likely to be detained at arraignment. Blacks and Latinos charged with drug offenses were more likely to receive more punitive plea offers and custodial sentences.

Asian defendants had the most favorable outcomes across all discretionary points -- less likely to be detained, receive custodial offers, and be incarcerated. Asian defendants received particularly favorable outcomes for misdemeanor property offenses -- such as larceny and criminal trespass.

"Racial disparity is a widespread problem within our nation's institutions, in our criminal justice system.  Our research indicates that prosecutors such as Cy Vance who engage in rigorous self-examination stand to play a key role in leading an emerging effort to reshape criminal justice outcomes," said Nick Turner, president of Vera, in a statement.

Vera concludes that more thorough case screening would eliminate cases that end up wasting the resources of the DA's office and court system. The researchers acknowledge more thorough screening is challenging when there are pressures to screen cases quickly and the meet the constitutional requirement to arraign a defendant within 24 hours of arrest.

"The most important job of the District Attorney is to enhance public safety, while ensuring fairness for all whom come before the court," said District Attorney Vance. "That's why it is critically important for us to understand where and why disparities occur in the criminal justice system."