In most jurisdictions, a police officer arrests and books a defendant, then files the criminal complaint before a judge. The judge sets bail, and if necessary, appoints defense counsel for the accused. Inadequate cases are later dropped – often weeks or months later – by prosecutors. This happens only after extensive investigation and usually not before the accused spent several nights in detention. In 1973, Harris County, Texas developed a solution to this inefficiency: prosecutors receive a phone call from the police officer at the moment of arrest. The officer explains the circumstances of the arrest, and the prosecutor evaluates whether it meets the required elements of the crime. If satisfied, the prosecutor grants authorization, and only then does the police officer file. We quantify the efficacy of this unique pre-authorization intake system, comparing arrests filed in Harris County, TX, Miami-Dade County, FL, and dozens of counties in New Mexico. We find that a pre-authorization intake system would save a municipality like Miami, FL, many millions of dollars annually.
Ormachea, P. A., Davenport, S., Haarsma, G., & Eagleman, D. M. (2020). Quantifying the Prosecutorial Preauthorization Intake System and the Costs of ‘No Action’ Cases. Journal of Science and Law, 6(1): 1-6. doi:10.35005/5ymd-s721.