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This fact brief was originally published as an experiment to test the concepts behind fact briefs.

Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF

Are a growing number of US jurisdictions choosing not to prosecute minor thefts?

Tuesday, June 1, 2021

By Austin Tannenbaum

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YES

U.S. authorities are increasingly using alternatives to prosecuting minor thefts.

In 2018, Philadelphia classified thefts under $500 as “summary offenses,” which are handled out-of-court and typically result in a fine rather than jail time.

In 2019, the Dallas district attorney said he would no longer prosecute thefts valued under $750, reasoning that few people steal out of hunger and that “putting [them] in jail is not going to make their situation any better.”

District attorneys in Maryland, Florida, North Carolina, Washington and Tennessee have enacted similar reforms, the Texas Tribune reports.

Brooklyn offers accused petty thieves a half-day course instead of a court appearance.

A 2021 study of a Massachusetts county’s decision not to prosecute nonviolent misdemeanors found that it reduced “the likelihood of future criminal involvement...with no apparent increase in local crime rates.”

This fact brief is responsive to conversations such as this one.

Sources

Texas Tribune Texas prosecutors want to keep low-level criminals out of overcrowded jails. Top Republicans and police aren't happy.

Hunter College New York City Food Policy Center Stealing food when you’re hungry. Should it be a crime?

National Bureau of Economic Research Misdemeanor prosecution

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Gigafact

Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.

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About fact briefs published on Gigafact

Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.