A university study examined what factors district attorneys and judges use when determining how to prosecute people accused of breaking the law.
California law distinguishes criminal wrongdoing by classifying the acts as felonies, misdemeanors or infractions.
Prosecutors and judges retain the ability to reduce certain criminal offenses, known as wobblers, from felonies to misdemeanors, according to, Wobblers & Criminal Justice in California: A Study into Prosecutorial Discretion.
District attorneys consider three factors when determining how to charge a defendant.
Severity of the offense
Prior criminal record
Whether there are multiple violations
Many prosecutors are willing to reduce the charge of first-time offenders when the violation is relatively minor, according the study.
District attorneys believe prior records show a greater chance of re-offending, in which the study finds, causes county-to-county variations in how cases are prosecuted.
Judges, independently have the discretion to reduce a charge filed as a felony by the prosecutors to a misdemeanor.
However, when judicial discretion is exercised, political and philosophical beliefs are factored into the decision making process, according to the study.
