Prosecuting Working Girls: Examining the Influence of Race and Gender on Prosecutorial Decision-Making Among Vice Crimes

College

College of Arts and Sciences

Department

Criminal Justice and Criminology

Publication Date

1-10-2026

Abstract

Case-processing of low-level offenses is an important yet understudied aspect of criminal justice. These offenses can have significant consequences for justice-involved individuals, often serving as entry points into the criminal-legal system. As “gatekeepers” to the justice system, prosecutors play an integral role in this process. As such, it is important to understand prosecutorial discretion within this context. The current study examines prosecutorial decision-making among a unique category of low-level offenses, vice crimes. Specifically, this study examines prosecutors’ decisions to dismiss charges in prostitution cases, highlighting the influence of the sellers’ race and gender. Results suggest significant differences exist in dismissal decisions for White, Black, Asian, and Latina women charged with prostitution, highlighting the relative disadvantage experienced between racial/ethnic minority women.

Original Citation

Henry, T. K. S., Niebuhr, N., & Muftić, L. R. (2026). Prosecuting working girls: examining the influence of race and gender on prosecutorial decision-making among vice crimes. Journal of Ethnicity in Criminal Justice, 1–21. https://doi.org/10.1080/15377938.2026.2612962

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