2 Prosecution
Data Characteristics
The digital infrastructure allows prosecution offices operating in different types of court systems to define the functions of their system.
For all prosecution-related metrics, offices should share data relating to the criminal division of the prosecution office only. Following the definition set by partner organization the National Center for State Courts, Justice Counts defines a criminal court case as an action brought by a prosecutor on behalf of the jurisdiction their office represents against a person accused of violating a criminal law. Criminal cases are separated into three main categories:
- Infractions: Minor violations typically punishable by payment of a fine.
- Misdemeanors: Less serious crimes than a felony, typically punishable by less than a year of confinement, community supervision, fines, or other punishments.
- Felonies: Serious criminal offenses punishable by more than a year in prison, including life in prison or, in some jurisdictions, the death penalty, or community supervision in some instances.
For offices that also handle non-criminal matters
Whenever possible, offices should share only data related to criminal case processing. If it is not possible to disaggregate criminal case processing data for some metrics, please prorate the metric to estimate the portion reflecting criminal case processing. For example, if 50 percent of the attorney caseload are criminal cases, the office could prorate their facility costs to reflect that 50 percent of the total cost is for prosecuting cases. Similarly, if criminal cases comprise 30 percent of an attorney’s caseload, that can be prorated as 0.3 full time equivalent positions. If it is not possible to disaggregate or prorate data, please add a contextual note when prompted to explain that the figures include data for civil or other types of cases.
Global Definitions
To make configuring metrics as easy as possible, some concepts can be defined once at the outset of onboarding and then applied throughout the rest of your metrics configuration. These concepts include the definitions of felony cases, misdemeanor cases, race and ethnicity, race and ethnicity data sources, biological sex, and biological sex data sources.
Felony Cases
Justice Counts description: A case in which the leading charge is a felony.
The Justice Counts preferred definition includes and excludes the following:
| INCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading misdemeanor or infraction charge |
Misdemeanor Cases
Justice Counts description: A case in which the leading charge is a misdemeanor.
The Justice Counts preferred definition includes and excludes the following:
| INCLUDE | Cases with a leading misdemeanor charge |
| EXCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading infraction charge |
Race and Ethnicity
See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.
Male Biological Sex
Justice Counts description: A person whose biological sex is male.
The Justice Counts preferred definition includes and excludes the following:
| INCLUDE | Male biological sex |
| EXCLUDE | Unknown biological sex |
Female Biological Sex
Breakdown description: A person whose biological sex is female.
The Justice Counts preferred definition includes and excludes the following:
| INCLUDE | Female biological sex |
| EXCLUDE | Unknown biological sex |
Unknown Biological Sex
Breakdown description: A person whose biological sex is not known.
In addition to configuring biological sex definitions, agencies should also share information regarding the method of data collection for biological sex. Justice Counts recognizes that that there is significant variation across agencies for how, when, and by whom those data are collected and recorded.
Please indicate the origin of biological sex data for people referred for prosecution:
| Yes/No | Data are collected and recorded by a law enforcement agency and are applied unchanged by agency staff |
| Yes/No | Data are collected and recorded by a law enforcement agency and are amended upon receipt by agency staff |
| Yes/No | Data are collected and recorded by agency staff at intake |
| Yes/No | Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are applied unchanged by agency staff |
| Yes/No | Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are amended upon receipt by agency staff |
Please indicate the method of data collection for biological sex data for the agency:
| Yes/No | People being processed self-report biological sex data |
| Yes/No | Agency staff make determinations about biological sex for the people being processed |
| Yes/No | It is not known how biological sex data is collected |
2.1 Funding
Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year
Metric description: The amount of funding for the operation and maintenance of the prosecution office to process criminal cases.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| Funding timeframe and spend-down | |
| INCLUDE | Funding for single fiscal year |
| INCLUDE | Biennium funding appropriated during the time period |
| INCLUDE | Multi-year appropriations that are allocated during the time period |
| Funding purpose | |
| INCLUDE | Funding for office operations and maintenance |
| INCLUDE | Funding for services provided through the office, including victim assistance |
| INCLUDE | Funding for office-managed treatment and programming |
| INCLUDE | Funding for conviction integrity units |
| INCLUDE | Funding for specialty unit operations |
| INCLUDE | Funding for electronic case management systems |
| EXCLUDE | Funding for non-criminal case processing |
2.1.1 State Appropriations
Breakdown description: The amount of funding appropriated by the state for the operation and maintenance of the prosecutor’s office to process criminal cases.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Finalized state appropriations |
| EXCLUDE | Proposed state appropriations |
| EXCLUDE | Preliminary state appropriations |
| EXCLUDE | Grants from state sources that are not budget appropriations approved by the legislature/governor |
2.1.2 County or Municipal Appropriations
Breakdown description: The amount of funding appropriated by counties or municipalities for the operation and maintenance of the prosecutor’s office to process criminal cases.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Finalized county or municipal appropriations |
| EXCLUDE | Proposed county or municipal appropriations |
| EXCLUDE | Preliminary county or municipal appropriations |
2.1.3 Grants
Breakdown description: The amount of funding derived by the office through grants and awards to be used for the operation and maintenance of the prosecutor’s office to process criminal cases.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Local grants |
| INCLUDE | State grants |
| INCLUDE | Federal grants |
| INCLUDE | Private or foundation grants |
2.1.4 Other Funding
Breakdown description: The amount of funding to be used for the operation and maintenance of the prosecutor’s office to process criminal cases that is not appropriations from the state, appropriations from counties or cities, or funding from grants.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.1.5 Unknown Funding
Breakdown description: The amount of funding for the operation and maintenance of the prosecutor’s office to process criminal cases for which the source is not known.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.2 Expenses
Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year
Metric description: The amount spent by the office for the operation and maintenance of the prosecutor’s office to process criminal cases.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| Expenses timeframe and spend-down | |
| INCLUDE | Expenses for single fiscal year |
| INCLUDE | Biennium funding appropriated during the time period |
| INCLUDE | Multi-year appropriations that are allocated during the time period |
| Expense purpose | |
| INCLUDE | Expenses for office operations and maintenance |
| INCLUDE | Expenses for services provided through the office, including victim assistance |
| INCLUDE | Expenses for office-managed treatment and programming |
| INCLUDE | Expenses for conviction integrity units |
| INCLUDE | Expenses for specialty unit operations |
| INCLUDE | Expenses for electronic case management systems |
| EXCLUDE | Expenses for non-criminal case processing |
2.2.1 Personnel
Breakdown description: The amount spent to employ personnel involved in the operation and maintenance of the prosecutor’s office to process criminal cases.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Salaries |
| INCLUDE | Benefits |
| INCLUDE | Retirement contributions |
| INCLUDE | Contracts for individuals doing work related to prosecution |
| EXCLUDE | Companies or service providers contracted to support work related to prosecution |
2.2.2 Training
Breakdown description: The amount spent by the office on the training of personnel involved in the operation and maintenance of the prosecutor’s office to process criminal cases, including any associated expenses, such as registration fees and travel costs.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Annual training |
| INCLUDE | Continuing legal education (CLE) |
| INCLUDE | Continuing education – other (not CLE eligible) |
| INCLUDE | Training academy |
| INCLUDE | Specialized training |
| INCLUDE | External training or professional development opportunities (conferences, classes, etc.) |
| EXCLUDE | Courses or programs offered at no cost to individuals or the prosecutor's office |
2.2.3 Facilities and Equipment
Breakdown description: The amount spent by the office for the purchase and use of the physical plant and property owned and operated by the office to process criminal cases.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Facility operations |
| INCLUDE | Facility maintenance |
| INCLUDE | Facility renovation |
| INCLUDE | Facility construction |
| INCLUDE | Equipment (e.g., computers, communication, and information technology infrastructure) |
2.2.4 Other Expenses
Breakdown description: The amount spent by the office to process criminal cases on other costs relating to the operation and maintenance of the prosecutor’s office that are not personnel, training, or facilities and equipment expenses.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.2.5 Unknown Expenses
Breakdown description: The amount spent by the office to process criminal cases on costs relating to the operation and maintenance of the prosecutor’s office for a purpose that is not known.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.3 Staff
Preferred sharing frequency: Annually
Preferred time period: Last day of fiscal year
Metric description: The number of full-time equivalent positions budgeted for the office to process criminal cases.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Filled positions |
| INCLUDE | Positions budgeted but currently vacant |
| INCLUDE | Full-time positions |
| INCLUDE | Part-time positions |
| INCLUDE | Contracted positions |
| INCLUDE | Temporary positions |
| EXCLUDE | Volunteer positions |
| EXCLUDE | Intern positions |
2.3.1 Legal Staff
Breakdown description: The number of full-time equivalent positions that are responsible for their own criminal caseload or for performing tasks that have a legal function in support of that caseload.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | All legal staff responsible for a criminal caseload (all levels) |
| INCLUDE | Attorneys |
| INCLUDE | Paralegals |
| INCLUDE | Legal assistants |
2.3.2 Victim-Witness Advocate Staff
Breakdown description: The number of full-time equivalent positions that advise, counsel, or assist victims or witnesses of crime.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Victim-witness advocate staff |
| INCLUDE | Victim-witness advocate supervisors |
2.3.3 Administrative Staff
Breakdown description: The number of full-time equivalent positions that support legal and clerical policies and logistics to process criminal cases.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | All administrative staff |
| INCLUDE | Data and analytics staff |
| INCLUDE | Office managers and leadership staff without active caseloads |
| EXCLUDE | Investigative staff |
2.3.4 Investigative Staff
Breakdown description: The number of full-time equivalent positions that are responsible for gathering evidence to support criminal prosecutorial cases, inquiries into the details of a criminal case, and gathering evidence.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | All investigative staff |
2.3.5 Other Staff
Breakdown description: The number of full-time equivalent positions to process criminal cases that are not legal staff, victim-witness advocate staff, administrative staff, investigative staff, or staff with unknown position types but are another type of staff position.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.3.6 Unknown Staff
Breakdown description: The number of full-time equivalent positions to process criminal cases that are of an unknown type.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.3.7 Vacant Positions (Any Staff Type)
Breakdown description: The number of full-time equivalent positions to process criminal cases of any type that are budgeted but not currently filled.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Vacant legal staff positions |
| INCLUDE | Vacant victim-witness advocate staff positions |
| INCLUDE | Vacant administrative staff positions |
| INCLUDE | Vacant investigative staff positions |
| EXCLUDE | Filled positions |
2.4 Caseload
Preferred sharing frequency: Monthly
Preferred time period: Last day of calendar month
Metric description: The ratio of the number of people with open criminal cases to the number of staff carrying a criminal caseload.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| Number of people with open criminal cases carried by the office (numerator) | |
| INCLUDE | Criminal cases open and active during the time period |
| INCLUDE | Criminal cases assigned to an attorney but inactive |
| EXCLUDE | Criminal cases not yet assigned to an attorney |
| Number of legal staff carrying a criminal caseload (denominator) | |
| INCLUDE | Line attorneys carrying a caseload |
| INCLUDE | Supervising attorneys carrying a caseload |
2.4.1 Felony Caseload
Breakdown description: The ratio of the number of people with open felony cases to the number of staff carrying a felony caseload.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| Number of people with open felony cases carried by the office (numerator) | |
| INCLUDE | Felony cases open and active during the sharing period |
| INCLUDE | Felony cases assigned to an attorney but inactive |
| EXCLUDE | Felony cases not yet assigned to an attorney |
| Number of legal staff carrying a felony caseload (denominator) | |
| INCLUDE | Line attorneys carrying a felony-only caseload |
| INCLUDE | Supervising attorneys carrying a felony-only caseload |
2.4.2 Misdemeanor Caseload
Breakdown description: The ratio of the number of people with open misdemeanor cases to the number of staff carrying a misdemeanor caseload.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| Number of people with open misdemeanor cases carried by the office (numerator) | |
| INCLUDE | Misdemeanor cases open and active during the sharing period |
| INCLUDE | Misdemeanor cases assigned to an attorney but inactive |
| EXCLUDE | Misdemeanor cases not yet assigned to an attorney |
| Number of legal staff carrying a misdemeanor caseload (denominator) | |
| INCLUDE | Line attorneys carrying a misdemeanor-only caseload |
| INCLUDE | Supervising attorneys carrying a misdemeanor-only caseload |
2.4.3 Mixed Caseload
Breakdown description: The ratio of the number of people with open felony and misdemeanor cases to the number of staff carrying a mixed (felony and misdemeanor) caseload.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| Number of people with open cases carried by the office (numerator) | |
| INCLUDE | Felony cases open and active during the sharing period |
| INCLUDE | Felony cases assigned to an attorney but inactive |
| INCLUDE | Misdemeanor cases open and active during the sharing period |
| INCLUDE | Misdemeanor cases assigned to an attorney but inactive |
| EXCLUDE | Felony cases not yet assigned to an attorney |
| EXCLUDE | Misdemeanor cases not yet assigned to an attorney |
| Number of legal staff carrying a mixed caseload (denominator) | |
| INCLUDE | Line attorneys carrying a mixed caseload |
| INCLUDE | Supervising attorneys carrying a mixed caseload |
2.4.4 Other Caseload
Breakdown description: The ratio of the number of people with open criminal cases that are not felony or misdemeanor cases to the number of staff carrying a criminal caseload that does not comprise felony or misdemeanor cases.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.4.5 Unknown Caseload
Breakdown description: The ratio of the number of people with open criminal cases of unknown severity to the number of staff carrying a criminal caseload of unknown severity.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.5 Cases Referred
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases referred to the office.
If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were referred and reviewed on different dates. If multiple charges were referred against one person on the same date, with the expectation that they would be reviewed and filed together, these charges should be combined to count as one case. If a single case includes multiple defendants, it should be counted as one case.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | New cases referred by any law enforcement office |
| INCLUDE | New cases referred by any supervision agency |
| INCLUDE | New cases transferred from another jurisdiction for prosecution |
| INCLUDE | New cases initiated by the prosecuting office itself |
| INCLUDE | Inactive cases reopened |
| EXCLUDE | Cases transferred internally |
2.5.1 Felony Cases Referred
Breakdown description: The number of criminal cases referred to the office in which the leading charge was for a felony offense.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading misdemeanor or infraction charge |
2.5.2 Misdemeanor Cases Referred
Breakdown description: The number of criminal cases referred to the office in which the leading charge was for a felony offense.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading misdemeanor charge |
| EXCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading infraction charge |
2.5.3 Other Cases Referred
Breakdown description: The number of criminal cases referred to the office in which the leading charge was not for a felony or misdemeanor offense.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.5.4 Unknown Cases Referred
Breakdown description: The number of criminal cases referred to the office in which the leading charge was for an offense of unknown severity.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.6 Cases Declined
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases referred to the office for review and declined for prosecution.
If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were referred and reviewed on different dates. If multiple charges were referred against one person on the same date, with the expectation that they would be reviewed and filed together, these charges should be combined to count as one case. If a single case includes multiple defendants, it should be counted as one case.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | The number of new cases declined by the office for lack of evidence |
| INCLUDE | The number of new cases declined by the office for lack of witness cooperation |
| INCLUDE | The number of new cases declined by the office for lack of resources |
| EXCLUDE | Cases transferred internally |
2.6.1 Felony Cases Declined
Breakdown description: The number of cases referred and declined in which the leading charge was for a felony offense, as defined by the state statute.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading misdemeanor or infraction charge |
2.6.2 Misdemeanor Cases Declined
Breakdown description: The number of cases referred and declined in which the leading charge was for a misdemeanor offense, as defined by the state statute.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading misdemeanor charge |
| EXCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading infraction charge |
2.6.3 Other Cases Declined
Breakdown description: The number of criminal cases referred and declined in which the leading charge was for another offense that was not a felony or misdemeanor.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.6.4 Unknown Cases Declined
Breakdown description: The number of criminal cases referred and declined in which the leading charge was for an offense of unknown severity.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.7 Cases Declined by Race and Ethnicity
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases referred to the office for review and declined for prosecution disaggregated by race and ethnicity of the defendant.
The definition of cases declined configured in the Cases Declined metric will be applied to this metric.
If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were referred and reviewed on different dates. If multiple charges were referred against one person on the same date, with the expectation that they would be reviewed together, these charges would be combined to count as one case. If a case has more than one defendant, each person’s race and ethnicity should be entered separately.
See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.
2.8 Cases Declined by Biological Sex
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases referred to the office for review and declined for prosecution disaggregated by biological sex of the defendant.
The definition of cases declined configured in the Cases Declined metric will be applied to this metric.
If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were referred and reviewed on different dates. If multiple charges were referred against one person on the same date, with the expectation that they would be reviewed together, these charges would be combined to count as one case. If a case has more than one defendant, each person’s biological sex should be entered separately.
2.8.1 Male Biological Sex
Breakdown description: The number of criminal cases referred to the office for review and declined for prosecution with a defendant whose biological sex is male.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Male biological sex |
| EXCLUDE | Unknown biological sex |
2.8.2 Female Biological Sex
Breakdown description: The number of criminal cases referred to the office for review and declined for prosecution with a defendant whose biological sex is female.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Female biological sex |
| EXCLUDE | Unknown biological sex |
2.8.3 Unknown Biological Sex
Breakdown description: The number of criminal cases referred to the office for review and declined for prosecution with a defendant whose biological sex is not known.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.9 Cases Diverted/Deferred
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases diverted from traditional case processing.
This may include cases diverted before or after filing, cases reopened and diverted, or cases deferred in lieu of probation conditions. Diversion programs will vary by jurisdiction and may include diversion to specialty court dockets.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases deferred for completion of treatment |
| INCLUDE | Cases deferred for restitution payment |
| INCLUDE | Cases deferred for completion of community service or schooling |
| INCLUDE | Cases diverted to a specialty court |
| INCLUDE | Cases diverted to mediation or alternative dispute resolution |
| EXCLUDE | Cases diverted or deferred and retained as open cases by the office |
2.9.1 Felony Cases Diverted/Deferred
Breakdown description: The number of criminal cases diverted or deferred in which the leading charge was for a felony offense.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading misdemeanor or infraction charge |
2.9.2 Misdemeanor Cases Diverted/Deferred
Breakdown description: The number of criminal cases diverted or deferred in which the leading charge was for a misdemeanor offense.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading misdemeanor charge |
| EXCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading infraction charge |
2.9.3 Other Cases Diverted/Deferred
Breakdown description: The number of criminal cases diverted or deferred in which the leading charge was for another offense that was not a felony or misdemeanor.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.9.4 Unknown Cases Diverted/Deferred
Breakdown description: The number of criminal cases diverted or deferred in which the leading charge was for an offense of unknown severity.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.10 Cases Diverted/Deferred by Race and Ethnicity
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of cases diverted from traditional case processing and closed by the office disaggregated by race and ethnicity of the defendant.
The definition of cases diverted configured in the Cases Diverted/Deferred metric will be applied to this metric.
This may include cases diverted before or after filing, cases reopened and diverted, or cases deferred in lieu of probation conditions. Diversion programs will vary by jurisdiction and may include diversion to specialty court dockets. If a case has more than one defendant, each person’s race and ethnicity should be entered separately.
See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.
2.11 Cases Diverted/Deferred by Biological Sex
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of cases diverted from traditional case processing and closed by the office disaggregated by biological sex of the defendant.
The definition of cases diverted configured in the Cases Diverted/Deferred metric will be applied to this metric.
This may include cases diverted before or after filing, cases reopened and diverted, or cases deferred in lieu of probation conditions. Diversion programs will vary by jurisdiction and may include diversion to specialty court dockets. If a case has more than one defendant, each person’s race and ethnicity should be entered separately.
2.11.1 Male Biological Sex
Breakdown description: The number of cases diverted from traditional case processing and closed by the office with a defendant whose biological sex is male.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Male biological sex |
| EXCLUDE | Unknown biological sex |
2.11.2 Female Biological Sex
Breakdown description: The number of cases diverted from traditional case processing and closed by the office with a defendant whose biological sex is female.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Female biological sex |
| EXCLUDE | Unknown biological sex |
2.11.3 Unknown Biological Sex
Breakdown description: The number of cases diverted from traditional case processing and closed by the office with a defendant whose biological sex is not known.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.12 Cases Prosecuted
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases assigned for prosecution to an attorney and prosecuted by the office.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | The number of cases prosecuted by the office that resulted in a conviction |
| INCLUDE | The number of cases prosecuted by the office that resulted in a not guilty verdict |
| INCLUDE | The number of cases prosecuted by the office that resulted in a mistrial |
| EXCLUDE | Cases accepted for prosecution but not assigned to an attorney |
2.12.1 Felony Cases Prosecuted
Breakdown description: The number of cases prosecuted in which the leading charge was for a felony offense.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading misdemeanor or infraction charge |
2.12.2 Misdemeanor Cases Prosecuted
Breakdown description: The number of cases prosecuted in which the leading charge was for a misdemeanor offense.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading misdemeanor charge |
| EXCLUDE | Cases with a leading felony charge |
| EXCLUDE | Cases with a leading infraction charge |
2.12.3 Other Cases Prosecuted
Breakdown description: The number of cases prosecuted in which the leading charge was for another offense that was not a felony or misdemeanor.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.12.4 Unknown Cases Prosecuted
Breakdown description: The number of cases prosecuted in which the leading charge was for an offense of unknown severity.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.13 Cases Prosecuted by Race and Ethnicity
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases assigned for prosecution to an attorney and prosecuted by the office disaggregated by race and ethnicity of the defendant.
The definition of cases prosecuted configured in the Cases Prosecuted metric will be applied to this metric.
If a case has more than one defendant, each person’s race and ethnicity should be entered separately.
See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.
2.14 Cases Prosecuted by Biological Sex
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases assigned for prosecution to an attorney and prosecuted by the office disaggregated by biological sex of the defendant.
The definition of cases prosecuted configured in the Cases Prosecuted metric will be applied to this metric.
If a case has more than one defendant, each person’s biological sex should be entered separately.
2.14.1 Male Biological Sex
Breakdown description: The number of cases assigned for prosecution to an attorney and prosecuted by the office with a defendant whose biological sex is male.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Male biological sex |
| EXCLUDE | Unknown biological sex |
2.14.2 Female Biological Sex
Breakdown description: The number of cases assigned for prosecution to an attorney and prosecuted by the office with a defendant whose biological sex is female.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Female biological sex |
| EXCLUDE | Unknown biological sex |
2.14.3 Unknown Biological Sex
Breakdown description: The number of cases assigned for prosecution to an attorney and prosecuted by the office with a defendant whose biological sex is not known.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.15 Cases Disposed
Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month
Metric description: The number of criminal cases disposed by the office.
If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were disposed on different dates.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases dismissed |
| INCLUDE | Cases resolved by plea |
| INCLUDE | Cases resolved at trial |
| EXCLUDE | Cases marked as inactive, but not closed |
| EXCLUDE | Pending cases |
2.15.1 Cases Disposed by Dismissal
Breakdown description: The number of criminal cases dismissed after filing and closed by the office.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge dismissed |
| INCLUDE | Cases with a leading misdemeanor charge dismissed |
2.15.2 Cases Resolved by Plea
Breakdown description: The number of criminal cases resulting in conviction by guilty plea and closed by the office.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge resolved by plea |
| INCLUDE | Cases with a leading misdemeanor charge resolved by plea |
2.15.3 Cases Resolved at Trial
Breakdown description: The number of criminal cases resolved at trial and closed by the office.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Cases with a leading felony charge resolved at trial |
| INCLUDE | Cases with a leading misdemeanor charge resolved at trial |
2.15.4 Other Disposition
Breakdown description: The number of criminal cases disposed by the office that were not dismissed, resolved by plea, or resolved at trial but disposed by another means.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.15.5 Unknown Disposition
Breakdown description: The number of criminal cases disposed by the office for which the disposition method is unknown.
If criminal case processing data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.
2.16 Violations Filed Resulting in Discipline
Preferred sharing frequency: Annually
Preferred time period: First day of calendar year to last day of calendar year
Metric description: The number of violations filed against any attorney with a criminal caseload in the office that resulted in a disciplinary action imposed on the attorney by the local or state disciplinary board during the time period.
The Justice Counts preferred definition includes and excludes the following (if criminal case processing data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):
| INCLUDE | Formal Brady violations |
| INCLUDE | Formal discovery violations |
| INCLUDE | Formal violations for biased jury selection |
| INCLUDE | Formal violations for ineffective counsel |
| INCLUDE | Formal violations for violating client confidentiality |
| INCLUDE | Formal violations for conflict of interest – financial |
| INCLUDE | Formal violations for conflict of interest – non-financial |
| INCLUDE | Formal violations for discrimination |
| INCLUDE | Formal violations for harassment |
| EXCLUDE | Violations submitted informally or not in writing |
| EXCLUDE | Violations not resulting in formal disciplinary action |
| EXCLUDE | Violations pending investigation and review |
| EXCLUDE | Duplicate violations filed |