Trust in political institutions is a cornerstone of democratic governance (Levi and Stoker Reference Levi and Stoker2000; Norris Reference Norris1999). Decades of scholarly inquiry have established that a healthy level of public trust is essential for governmental legitimacy, citizen compliance with laws, and the effective functioning of public policy (Cann and Yates Reference Cann and Yates2016, 2021; Easton Reference Easton1965; Norris Reference Norris1999; Putnam Reference Putnam2000; Tyler Reference Tyler2006). When citizens believe their institutions are fair, competent, and responsive to their interests, they are more likely to participate in civic life, accept policy outcomes, and defer to authority, even when they disagree with specific decisions (e.g., Cann and Yates Reference Cann and Yates2020; Gibson et al. Reference Gibson, Caldeira and Spence2005; Dalton Reference Dalton2004). This foundational principle applies across various governmental branches and actors, from elected officials to bureaucratic agencies.
In recent years, contemporary political landscapes across many democracies have been characterized by a notable decline in public trust in institutions generally (see, e.g., Citrin and Stoker Reference Citrin and Stoker2018; Foa and Mounk Reference Foa and Mounk2017). Scholars point to a myriad of contributing factors, including heightened partisan polarization, media fragmentation, economic anxieties, and perceived failures in governance (e.g., Hetherington and Rudolph Reference Hetherington and Rudolph2015; Valgarðsson et al., Reference Valgarðsson, Jennings, Stoker, Bunting, Devine, McKay and Klassen2025). This erosion of confidence poses significant challenges to the stability and effectiveness of democratic systems, making it imperative to understand where trust persists, where it falters, and why.
Prosecutors occupy a powerful position in the United States, wielding immense discretion over critical decisions from charging and plea bargains to sentencing recommendations. Their choices directly impact individuals’ lives and shape community perceptions of justice (Green Reference Green2019a; Gunderson Reference Gunderson2022; Jackson et al. Reference Jackson, Neshkova and Meier2023; Kourehjan Reference Kourehjan2025). This significant influence, often operating with far less public scrutiny than elected legislative, judicial, or other executive officials, stems from the broad latitude granted by state criminal codes and the lack of effective institutional checks on their power (Epps Reference Epps2021; Wright and Miller Reference Wright and Miller2010). The vast majority of criminal cases are resolved through plea agreements negotiated by prosecutors, effectively bypassing trial and limiting judicial oversight (Hessick, Treul, et al. Reference Hessick, Treul and Love2023). This concentration of unchecked power means that public trust in the justice system is heavily reliant on the perceived fairness and accountability of prosecutors, whose actions, though profoundly impactful, often remain opaque to the very communities they serve (Bibas Reference Bibas2009).
Despite prosecutors’ profound influence, empirical research on public trust in them – and on the specific factors shaping this trust – remains underdeveloped compared to work on other political actors and institutions (for exceptions, see Bellin Reference Bellin2019; Bibas Reference Bibas2009; Nelson and Samarth Reference Nelson and Samarth2022; Overby et al. Reference Overby, Brown, Bruce, Smith and Winkle2004; and Vardsveen and Tyler Reference Vardsveen and Tyler2023). Much of the literature aggregates perceptions of the broader “justice system” or “court systems” without disaggregating the distinct roles, powers, and accountability mechanisms of prosecutorial offices (Roberts Reference Roberts2017; Vardsveen and Tyler Reference Vardsveen and Tyler2023). Other studies focus instead on related actors, such as police (MacDonald and Stokes Reference MacDonald and Stokes2006) or judges (Cann and Yates Reference Cann and Yates2008). This gap is significant because prosecutors occupy a curious role: they are both court officers who exercise the power of legal impact in their decisions, yet they are more apt to be subject to popular election (than the nation’s state and local judges).Footnote 1
Further, as part of the executive enforcement branch, they are both cognizant of executive branch enforcement priorities (above) and, to a degree, reliant on police (below) to help bring offenders to justice. Unlike other actors, prosecutors are also less visible to the public, meaning we know far less about how trust in them develops and persists. For instance, while prosecutors’ deals and policy decisions occasionally make the news, their actions generally operate “under the radar” of media and academic critics – much more so than the published legal opinions of judges – especially at the appellate level. Understanding whether and how the public places trust in prosecutors – given their unique blend of legal authority, opacity of activity, and political accountability – is essential both for theoretical completeness and for the practical design of criminal justice reform.
This paper addresses this gap by examining the determinants of public trust in local prosecutors. Drawing upon established theories of political trust and leveraging new, granular survey evidence (i.e., the 2022 Cooperative Election Survey), we develop a theoretical argument that personal ideological identity and background characteristics, views toward government, and social dynamics – including personal political efficacy and social capital – are key drivers of public confidence in prosecutors. Through detailed analysis of survey data, our study aims to provide empirical support for our theoretical claims, shedding light on the critical factors that build or erode trust in these powerful, yet often overlooked, legal-policy actors.
Trust in political institutions
Trust in political institutions forms a fundamental pillar of democratic governance. Scholars broadly agree that a healthy level of trust facilitates civic engagement, ensures citizens’ willingness to accept policy outcomes, and encourages deference to authoritative decisions, even when those decisions are unpopular. David Easton explains that institutions need to attain and retain a reservoir of goodwill that allows them to withstand criticism and policy failures (Easton Reference Easton1965). Levi and Stoker (Reference Levi and Stoker2000) similarly stress that trust fosters cooperation between citizens and the state, particularly under conditions of uncertainty.
Building on these established foundations, scholars have shown how trust is shaped not only by institutional performance but also by broader social and process factors. Putnam (Reference Putnam2000) links “vertical” trust in government to “horizontal” social capital, while Luhmann (Reference Luhmann1979) emphasizes that trust reduces complexity, allowing individuals to interact with large institutions without constant oversight. Tyler (Reference Tyler2006) highlights perceptions of procedural fairness as central to perceived legitimacy, which in turn promotes citizen compliance with the law.
The relationship between citizens and elected officials further illustrates the strategic role of trust. Bianco (Reference Bianco1994) argues that constituents evaluate whether granting representatives discretion is likely to secure favorable outcomes, treating trust as a deliberate calculation rather than a vague attitude. This logic parallels the concept of “dynamic representation” (Stimson, MacKuen, and Erikson Reference Stimson, MacKuen and Erikson1995), in which officials adjust their positions in response to public preferences – or risk being replaced. Together, these perspectives underscore that representation is not static but shaped by continuous interaction, with trust providing elected officials latitude to lead and its withdrawal signaling the need for alignment.
Despite its importance, trust has declined sharply in recent decades. Across established democracies, confidence in institutions such as parliaments and parties has eroded (Valgarðsson et al. Reference Valgarðsson, Jennings, Stoker, Bunting, Devine, McKay and Klassen2025), raising concerns about democratic stability (Citrin and Stoker Reference Citrin and Stoker2018; Foa and Mounk Reference Foa and Mounk2017). Harold (Reference Harold2024) emphasizes that this crisis intersects with polarization, inequality, and disinformation, magnifying its impact on governance. Polarization stands out as a central driver in this case. Hetherington and Rudolph (Reference Hetherington and Rudolph2015) demonstrate that ideological and affective divides erode trust, as citizens grow less willing to support institutions when power rests with the opposing party. This “us versus them” mentality makes trust conditional and fragile, reducing the space for consensus (Hetherington Reference Hetherington1998). Relatedly, Bankert (2024) highlights the role of negative partisanship, in which animosity toward the other side – not attachment to one’s own – drives political identity. Unlike traditional partisanship, which can sometimes foster engagement, negative partisanship fuels hostility, skepticism about impartiality, and resistance to compromise, further undermining institutional legitimacy.
Media fragmentation amplifies these trends. The proliferation of ideologically siloed outlets allows selective exposure, reinforcing preexisting biases and creating echo chambers (Levendusky Reference Levendusky2013; Prior Reference Prior2007). Individuals increasingly consume content that confirms their beliefs, deepening polarization and eroding confidence in both media and the institutions portrayed through partisan lenses (Hammoud-Gallego et al. 2024). As Graber (Reference Graber2009) notes, the media not only covers politics but actively shapes how the public interprets it, often undermining shared foundations for trust. Economic anxieties provide an additional layer. Periods of instability, inequality, and perceived failures of governance heighten skepticism toward institutions. Roberts (Reference Roberts2017), for instance, shows that unmet economic expectations feed disillusionment, suggesting a performance-based dimension to trust. When institutions fail to deliver prosperity or security, confidence erodes even further.
Taken together, polarization, negative partisanship, media fragmentation, and economic anxieties create a formidable environment for sustaining trust. The result is a more skeptical public, reduced civic participation, and challenges for effective governance. Finally, several scholars have highlighted the dual nature of political trust. Intawan and Nicholson (Reference Intawan and Nicholson2018) argue that while explicit trust often appears low in surveys, an implicit, “gut-level” trust rooted in early socialization persists beneath the surface. This resilience helps explain why, despite widespread dissatisfaction, the political system retains public trust and support during crises (Huang et al. Reference Huang, Intawan and Nicholson2023).
Generally speaking, scholars examining mass trust in representative institutions suggest a myriad of potential drivers. Early studies of the electoral connection emphasized that citizens’ confidence in government is shaped by whether political institutions appear responsive and familiar to them (Gay Reference Gay2002). More recent research extends this insight to the state and local levels. In U.S. city governments, Heideman (Reference Heideman2020) finds that racial congruence between citizens and officeholders, perceptions of economic well-being, and personal civic engagement all boost trust, whereas racial homogeneity and fear of crime dampen it. At the state level, Wolak (Reference Wolak2020) reports that proximity to the state capitol, one’s party in power, and higher public spending raise trust, while economic distress, racial diversity, and educational attainment depress it. Taken together, these studies on electoral institutions reinforce the basic logic that citizens are more trusting of such entities when governments look like them, serve their tangible interests, and demonstrate value to the citizenry.
Institutional context may further shape how citizens feel about representative institutions. Banda and Kirkland (2018) demonstrate that polarized state legislatures erode trust, especially among politically attentive citizens – a finding that complements classic work showing that direct contact with one’s representative fosters confidence (Parker and Parker Reference Parker and Parker1993). In a similar manner, confidence in state courts may be driven by a variety of influences, including personal political efficacy, social capital, feelings toward government generally, electoral structures, and personal background and experience considerations, among other factors (e.g., Cann and Yates Reference Cann and Yates2016, 2021). For instance, citizens who serve as jurors and are exposed to symbols of justice and procedure express higher trust, while litigants or observers of unequal treatment report lower trust (Benesh Reference Benesh2006; Cann and Yates Reference Cann and Yates2008; Dougherty et al. Reference Dougherty, Lindquist and Bradbury2006; Wenzel et al. Reference Wenzel, Bowler and Lanoue2003). These wide-ranging findings highlight a key tension in the trust literature – whether legitimacy flows mainly from institutional design and dynamics, or rather, from citizens’ experiential judgments and personal identity.
While much of the literature aggregates trust in the justice system broadly, this approach overlooks key differences among legal actors. For prosecutors – even in a climate of skepticism – a baseline of implicit trust may sustain institutional public support and policy viability. In the next section we outline the place of prosecutors in the larger criminal justice system and suggest why public trust in them can be thought of in similar terms to other relevant government actors in certain ways, yet fundamentally distinct in other important ways.
Prosecutors – Power, elections, and public trust
In the American criminal justice system, local prosecutors hold an unparalleled position of power, a reality shaped significantly by their unique electoral status. Unlike federal prosecutors who are appointed, the United States stands alone as the only country where local prosecutors are elected. This practice, largely established between 1832 and 1860, saw nearly three-quarters of states shift from appointed to elected prosecutorial officials (Ellis Reference Ellis2012: 1530). Today, this electoral method prevails in forty-five of fifty states at the local district level, with only a handful of states opting for various forms of appointment or centralizing power with the Attorney General.Footnote 2 This choice of selection method reflects a delicate balancing act, akin to state judicial elections: a desire for both independence and accountability in a powerful legal office.
The selection method for state judicial judges has been shown to affect public opinion of the judges and their actions (Peterson et al. Reference Peterson, Hare and Wrighton2012), as well as perceptions of other court actors like the Supreme Court (Hansford et al. Reference Hansford, Lucero, Intawan and Robles2024) and Supreme Court nominees (Krewson and Owens Reference Krewson and Owens2022). Whether a state uses an elective or an appointive system can alter citizens’ perceptions of the partiality of state court judges (Peterson et al. Reference Peterson, Hare and Wrighton2012; Barwick and Dawkins Reference Barwick and Dawkins2020). In similar fashion, citizens’ views of local prosecutors may be impacted by elections (which are more pervasive than in judicial selection) as well as election structures (e.g., partisan vs. nonpartisan method).
The prosecutor’s authority in the American criminal justice system is immense, largely due to broad statutory latitude and limited external checks on their discretion. State criminal codes often grant prosecutors extensive latitude, allowing them to decide not only whether to bring charges but also which specific provisions to apply, regardless of the range of conduct involved (Wright and Miller Reference Wright and Miller2010; Epps Reference Epps2021). Critically, judges and other courtroom actors have little effective means to challenge a prosecutor’s decision to decline charges entirely. Furthermore, most criminal cases are resolved through negotiated plea bargains orchestrated by the prosecutor, rather than by trial, effectively removing the question of guilt from a jury or judge. While judges retain the theoretical power to reject these bargains, they rarely do so (Hessick, Treul, et al. 2023, 43). This concentration of power means that any institutional check on prosecutors is largely channeled through the electoral process.
Consequently, the election of a prosecutor represents a profound delegation of power from citizens, with significant implications for public trust. Despite their critical role, these electoral contests are often characterized by low salience and a lack of competitiveness, especially in rural areas, where incumbents frequently face no challenger at all (Hessick and Morse Reference Hessick and Morse2020). These are typically low-information affairs, making it difficult for voters to assess past performance or hold incumbents accountable. The pool of potential challengers is shallow, partly due to the comparatively low pay for prosecutors relative to other attorney positions, and the uncomfortable dynamic of running against a sitting boss or future negotiating counterpart (Wright et al. Reference Wright, Yates and Hessick2021). The emergence of “progressive” challengers in recent years has, therefore, drawn considerable media attention precisely because it disrupts these traditional dynamics, demonstrating that even long-entrenched incumbents in large metro districts are facing increasing difficulty retaining office (Carson et al. Reference Carson, Cann, Yates and Wright2024; Wright et al. Reference Wright, Yates and Hessick2021). The degree to which these elections truly serve as an effective mechanism for accountability directly influences public perceptions of fairness and, by extension, trust in prosecutors and the broader legal system.
Recent scholarship also shows that the increasing nationalization of local elections is reshaping how citizens view prosecutors. Carson et al. (Reference Carson, Cann, Yates and Wright2024) argue that prosecutorial races – once regarded as low-information, locally bounded contests – are becoming increasingly tied to national partisan politics. As voters begin to interpret local prosecutor elections through a national lens, these contests may gain visibility, but heightened salience does not necessarily yield greater trust. Framing races in stark partisan terms risks importing national polarization into local justice, undermining confidence in prosecutorial neutrality. Thus, greater levels of nationalization raise visibility but also the stakes for public trust, making trust in local prosecutors more contingent on broader political currents than on local performance.
Although prosecutors wield immense discretionary power, political science has only recently treated them as trust-sensitive actors. Classic sociological work finds that prosecutors are more likely to allocate resources to high-profile cases with sympathetic victims – behaviors ostensibly designed to signal responsiveness to public safety concerns (Myers and Hagan Reference Myers and Hagan1978). Contemporary legal scholarship argues that prosecutors’ legitimacy now hinges on transparency. Vardsveen and Tyler (2022) contend that process-tracing tools – publicly explaining charging decisions, discovery practices, and plea-bargain rationales – can elevate trust by demystifying prosecutorial discretion. Yet Green (Reference Green2019b) cautions that media appearances alone rarely enhance trust; transparency must be coupled with checks on misinformation. Wright (Reference Wright2020) and Ouziel (Reference Ouziel2021) emphasize prosecutors’ local electoral incentives: because they depend financially and politically on county governments, their accountability remains rooted in voter oversight, but only if citizens have reliable information about office performance.
There is likely a good deal of overlap regarding how the public views and holds trust for different criminal justice government officials (e.g., enforcement, prosecution, and adjudication actors). While the dynamics of public trust among criminal justice officials may have much in common, we briefly outline here some reasons why the dynamics of public trust in local prosecutors might be distinct from the police and judges. First, while all three actors experience (on average) an electoral connection, it is most pervasive with local prosecutors. Only a handful of states do not elect local prosecutors whereas, as noted previously, judges are selected and retained by a varied patchwork of systems (e.g., appointment, merit selection, retention, etc.) – only one of which is competitive election. In similar vein, while some enforcement officials (e.g., sheriffs) are elected, other police actors (e.g., head of state highway patrol, municipal police chiefs, etc.) are typically appointed to office.
Second, unlike judges, most prosecutors’ policy decisions (e.g., decisions to charge, negotiated pleas, etc.) primarily take place behind closed doors – largely away from public and media scrutiny. Similarly, while police-citizen interactions are quite often subjects of news stories (with accompanying video), this is typically not the case with the work of local prosecutors. This is not to say that local prosecutors have no public-media interface, but much of their work and actions are opaque and shielded from external scrutiny. Finally, prosecutors occupy a unique and curious position in the confluence of branches of government. Like the police they are part of the executive branch and enforcement community. However, unlike police they are also officers of the court and part of the same legal profession as the judges they appear before. Further, while they are of the same profession as judges, they are not members of the judicial branch – i.e., those who possess neither purse nor sword. Prosecutors are, in fact, part of the sword – and perhaps depend somewhat less on public support to maintain their policy viability.
In short, while scholars agree that trust matters for prosecutors, they disagree on whether it is better secured through public outreach, institutional reform, or traditional electoral accountability. At present, scholarship on public trust perceptions of local prosecutors largely resides in legal journals and focuses on normative transparency – offering limited systematic evidence about the mass attitudes that reforms aim to influence. Linking theories of political trust specifically to prosecutors, we clarify when and why citizens trust these often “least visible” yet consequential actors. Using original survey data, we isolate the roles of ideology and experience, orientations toward government, and social dynamics, and pinpoint where transparency or electoral accountability is most likely to strengthen – or erode – prosecutorial legitimacy.
Theoretical development
The literature on public trust in political institutions offers numerous potential influences, with the choice of likely determinants often dependent on the institution being examined, the relative political context, or the specific theoretical premise being advanced. In estimating a model of the drivers of an individual’s decisions or views (whether an elite decision maker or regular citizen), we must account for how they come to perceive and interpret the world around them as well as the milieu of events, stimuli, and interactions that occupy their attentions and life experiences (see, e.g., Benforado and Hanson 2007; Yates et al. Reference Yates, Moeller and Levey2013).
In assembling our conception of the relevant determinants of individuals’ trust in local prosecutors we focus on: 1) The background and attitudinal concerns that may shape their outlook (i.e., personal identity, ideology, or life experiences); 2) the institutional structures they experience – specifically, how they see prosecutorial hopefuls attain the office (i.e., partisan or nonpartisan election or other); 3) how they consider other important government and enforcement actors such as police or judges; and 4) how they experience and conceive their relationships within the larger social environment and government (i.e., measured in terms of political efficacy and social capital). We examine each of these factors in more detail below.
Identity, ideology, and experience
Our life experience can frame our outlook and, to some degree, our identity can affect our experiences. Historically marginalized groups may be skeptical of legal and political institutions (e.g. Overby et al. Reference Overby, Brown, Bruce, Smith and Winkle2004) and therefore less likely to be trustful toward prosecutors. Additionally, individuals who have graduated from college may have a different orientation toward institutions such as prosecutor offices than those who have not. Specifically, they are more apt to have been exposed to civic structures, lessons, and the symbols of legal processes and norms. Accordingly, they are more likely to carry positive attitudes toward legal authorities such as prosecutors (see, e.g., Caldeira and Gibson Reference Gibson1992). Finally, prior studies suggest that liberal ideology may make individuals with such views feel more favorable toward legal institutions (see, e.g., Cann and Yates Reference Cann and Yates2008; Dolbeare and Hammond Reference Dolbeare and Hammond1968). However, some have suggested that this positive inclination is tied more to specific norms of liberty and democratic values (e.g., Caldeira and Gibson Reference Gibson1992). Recent polling work has suggested that conservatives have come to believe that the criminal justice system has drifted away from a law-and-order prioritization (Brenan Reference Brenan2023) and therefore may be skeptical of some criminal justice actors such as prosecutors. Given the advent of the well-known rise of progressive prosecutors in recent years (e.g., Hessick, Morse, et al. Reference Hessick, Morse and Pinnell2022), this seems quite possible. These items are measured via survey questions asking for self-identity of race (1 = nonwhite, 0 otherwise), gender (1 = woman, 0 otherwise), education (1 = college graduate, 0 otherwise), and self-reported ideology on a 7-point scale (higher values more conservative, lower values more liberal).
With these considerations in mind, we seek to test the following hypotheses:
H1: Minority group members will hold lower levels of trust in prosecutors compared to white respondents.
H2: Women will hold lower levels of trust in prosecutors compared to other genders.
H3: College graduates will hold higher levels of trust in prosecutors relative to those without a college education.
H4: Conservatives will hold lower levels of trust in prosecutors compared to liberals.
Institutional electoral environment
Individuals react to and are influenced by what they see and hear in their localized political environment. Much as state and local judicial elections have gone from sleepy, low salience affairs in the past to more competitive, sometimes rancorous contests in more recent decades (see, e.g., Hall 2001), so too have local prosecutor races become more competitive and high profile in recent years (e.g., Wright et al. Reference Wright, Yates and Hessick2021). Hessick, Morse, et al. (Reference Hessick, Morse and Pinnell2022) outline that while local prosecutor election campaigns remain a relative bargain in the larger political world, they have in many instances (e.g., larger districts) become much more expensive, with some contests seeing millions of dollars of donations from political interests. The prospect that politically charged (and well financed) campaigns can take a toll on public trust in legal actors and institutions is viable, whether it stems from the general environment of partisan elections or from specific activities associated with these elections (e.g., campaign contributions) – as has been found in the state court elections context (e.g., Cann and Yates Reference Cann and Yates2008; Gibson Reference Gibson2009). These variables are measured by a set of dichotomous measures for states using nonpartisan elections and non-election (appointed) processes with partisan elections being the baseline category; data are from Hessick and Morse (Reference Hessick and Morse2020, 1550).Footnote 3
Accordingly, the related hypotheses that we seek to test in this regard are:
H5: Individuals residing in states with non-elected prosecutors will hold higher levels of trust in prosecutors than individuals residing in states with partisan elected prosecutors.
H6: Individuals residing in states with nonpartisan elected prosecutors will hold higher levels of trust in prosecutors than individuals residing in states with partisan elected prosecutors.
Perceptions of government
The way individuals view a particular political and policy actor, such as prosecutors, does not operate in a vacuum. Some individuals have more favorable views of government along with well-formed opinions of other relevant government actors. These outlooks on government more broadly as well as other government actors may inform our understanding of how people come to assay a given particular government actor or entity (e.g. Benesh Reference Benesh2006; Cann and Yates Reference Cann and Yates2008; Overby et al. Reference Overby, Brown, Bruce, Smith and Winkle2004). We posit that if an individual is positively inclined toward government and other government actors, it is more likely that they will hold favorable views toward prosecutors. We consider three primary state entities (the governor, legislature, and courts) broadly, and one – the police – in a more particular fashion; tapping into citizens’ beliefs about the effectiveness and integrity of law enforcement agents. Trust in state entities are each measured using a 5-point trust item specific to each branch while belief in law enforcement is measured on a 4-point scale on which police are rated as making the respondent feel safe, mostly safe, mostly unsafe, or unsafe.Footnote 4
As such, we posit the following related hypotheses:
H7: Individuals who hold higher levels of trust in their state governor, legislature, and courts will have higher levels of trust in prosecutors.
H8: Perceived safety from the police is positively associated with trust in prosecutors.
Personal social and efficacy orientation
Citizens often carry personal orientations regarding their place in the larger social and governmental environment. How one interacts with the broader citizenry and views themselves as a part of social and governmental systems may affect how trust is amassed and retained (or lost) by them. With regard to interaction within the broader social milieu, people have varying levels of social interaction, social or familial ties, and community-oriented behaviors and actions – i.e., social capital (Putnam Reference Putnam2000). Those with higher levels of social capital are typically found to possess heightened levels of interpersonal trust and confidence in governmental entities and actors (see, e.g., Brehm and Rahan Reference Brehm and Rahn1997; Putnam Reference Putnam2000). In somewhat similar fashion, how an individual considers themselves and their place at the table of governing (i.e., political efficacy) may affect the degree to which they place trust in government entities and actors. Individuals who perceive that they have an effective voice vis-à-vis the government are in most instances apt to have stronger feelings of trust in government institutions and that policy actors are upright in their actions (Wolak Reference Wolak2018). Both social capital and political efficacy are measured as separate indices (as described in the online appendix, derived from a principal components analysis performed on the polychoric correlation matrices from the relevant respective items).
We offer the following hypotheses to assess these possible influences on perceptions of trust of prosecutors:
H9: Individuals who possess heightened levels of social capital will hold higher levels of trust in prosecutors.
H10: Individuals who feel more politically efficacious will hold higher levels of trust in prosecutors.Footnote 5
Data and analysis
We assess these hypotheses using data from the 2022 Cooperative Election Study (CES), fielded by YouGov during the 2022 election (September 29–November 8, 2022). The CES is a large-scale, nationally representative sample. Administered online by YouGov, the CES employs a matched probability sample design in which a probability sample is drawn from the target population and then matched to similar respondents within YouGov’s panel. Roughly half of the survey consists of CES “common content,” while the remainder is “team content” created by participating institutions; we draw on both the common content and Emory’s 1,000-respondent team module, which includes a core battery of institutional trust items measured on a consistent response scale. These trust questions cover multiple institutions – including actors central to the criminal justice system such as the court system, judges, the police, and prosecutors – allowing us to benchmark confidence in prosecutors against closely related institutions using comparable measurement and standard post-election metadata and weights for analysis. Because we rely on some questions that are posed only on the Emory team module, we have a maximum of 1,000 observations. Non-response to various questions in the analysis leaves us with 675 observations in our analysis. A table of summary statistics of each of our variables appears in the online appendix.
The dependent variable is trust in prosecutors, measured on a 5-point scale asking respondents to rate their trust in prosecutors (always, most of the time, some of the time, about half of the time, some of the time, and never). We assess relationships between this variable and our independent variables using an ordered logit model; results of the model appear in Table 1. The overall fit of the model is reasonably good (χ2 = 414.93, p <.001 and pseudo-r2 = .22). To aid in interpretation, Table 2 shows predicted probabilities of an outcome in each of the 5 categories of trust in prosecutors (5 is always trust and 1 is never trust). Those predicted probabilities are calculated for each variable at its minimum and maximum values while holding all other variables constant at their means (or for dichotomous variables, their mode). The online appendix includes a figure that shows the change in the predicted probability of falling in the top two categories varying one variable from its minimum to maximum values while holding all variables constant at their mean values.
Ordered Logit Model of Trust in Prosecutors

Table 1. Long description
From the top, the table is divided into sections: Identity, Ideology, and Experience; Institutional Electoral Environment; Perceptions of Government; Personal Social and Efficacy Orientation; and Model Information. Under Identity, Ideology, and Experience, coefficients and standard errors are as follows: Minority negative 0.303 star, 0.176; Woman negative 0.351 star, 0.154; College negative 0.048, 0.156; Ideology negative 0.115 star, 0.048. Under Institutional Electoral Environment: Non-elected negative 0.449, 0.367; Nonpartisan negative 0.273, 0.239. Under Perceptions of Government: Trust in state courts 1.206 star, 0.107; Trust governor 0.219 star, 0.083; Trust state legislature 0.284 star, 0.105; Police make feel safe 0.340 star, 0.101. Under Personal Social and Efficacy Orientation: Social Capital 0.153 star, 0.088; Political Efficacy 0.311 star, 0.085. Model Information includes tau sub 1 1.594, 0.408; tau sub 2 4.242, 0.436; tau sub 3 6.269, 0.470; tau sub 4 10.023, 0.572. Likelihood ratio chi-squared 415.01, p less than .0001; Pseudo r-squared 0.22; n 675. A star indicates p less than .05, one-tailed.
* denotes p <.05, one-tailed
Predicted Probabilities from Ordered Logit Model

Table 2. Long description
The table contains nine variables, each with two rows for minimum and maximum values. Columns from left to right are Pr(y equals 5), Pr(y equals 4), Pr(y equals 3), Pr(y equals 2), and Pr(y equals 1), each with standard errors in parentheses. For Minority, at minimum: Pr(y equals 5) is 0.007 (0.002), Pr(y equals 4) is 0.22 (0.03), Pr(y equals 3) is 0.46 (0.03), Pr(y equals 2) is 0.28 (0.03), Pr(y equals 1) is 0.03 (0.01); at maximum: 0.005 (0.002), 0.17 (0.03), 0.44 (0.03), 0.34 (0.04), 0.04 (0.01). For Woman, at minimum: 0.01 (0.002), 0.28 (0.03), 0.47 (0.02), 0.22 (0.03), 0.02 (0.005); at maximum: 0.01 (0.002), 0.22 (0.03), 0.46 (0.03), 0.28 (0.03), 0.03 (0.007). For Ideology, at minimum: 0.01 (0.003), 0.28 (0.04), 0.47 (0.03), 0.22 (0.03), 0.02 (0.01); at maximum: 0.005 (0.002), 0.16 (0.03), 0.44 (0.03), 0.35 (0.04), 0.04 (0.01). For Trust in state courts, at minimum: 0.0006 (0.0003), 0.03 (0.01), 0.15 (0.03), 0.57 (0.03), 0.25 (0.05); at maximum: 0.07 (0.02), 0.70 (0.04), 0.19 (0.04), 0.03 (0.01), 0.003 (0.001). For Trust governor, at minimum: 0.004 (0.002), 0.16 (0.03), 0.43 (0.03), 0.36 (0.04), 0.05 (0.01); at maximum: 0.011 (0.004), 0.30 (0.05), 0.46 (0.03), 0.20 (0.04), 0.02 (0.01). For Trust state legislature, at minimum: 0.004 (0.002), 0.15 (0.03), 0.43 (0.03), 0.37 (0.05), 0.05 (0.01); at maximum: 0.013 (0.005), 0.35 (0.06), 0.45 (0.03), 0.17 (0.04), 0.02 (0.01). For Police make feel safe, at minimum: 0.003 (0.001), 0.12 (0.03), 0.39 (0.04), 0.42 (0.05), 0.06 (0.02); at maximum: 0.009 (0.003), 0.27 (0.03), 0.47 (0.02), 0.23 (0.03), 0.02 (0.01). For Social capital, at minimum: 0.005 (0.002), 0.17 (0.03), 0.44 (0.03), 0.34 (0.04), 0.04 (0.01); at maximum: 0.008 (0.003), 0.25 (0.03), 0.47 (0.02), 0.25 (0.03), 0.026 (0.006). For Political efficacy, at minimum: 0.003 (0.001), 0.13 (0.03), 0.41 (0.03), 0.39 (0.04), 0.05 (0.01); at maximum: 0.014 (0.005), 0.37 (0.06), 0.44 (0.04), 0.15 (0.03), 0.014 (0.004). Probabilities for y equals 3 are generally the highest across variables, with notable increases in Pr(y equals 5) and Pr(y equals 4) at maximum trust in state courts.
Our interpretation begins with factors related to identity, ideology, and experience when evaluating trust. Consistent with our expectations, racial and gender identity are both significant predictors of prosecutorial trust. This confirms our theoretical expectations that historically marginalized groups will perceive prosecutors in a more negative light. Substantively, the predicted probabilities in Table 2 indicate that being a minority member decreases the likelihood of being in the “always” or “most of the time” categories by about .05. For women, the probability of being in one of those top two categories decreases by about .07 relative to a man. These patterns underscore how lived experience and group identity deeply shape perceptions of prosecutorial legitimacy.
Ideology exerts a clear and negative effect: more conservative respondents are less trusting of prosecutors than liberals. This is consistent with our theorizing regarding reactions to the progressive prosecutor movement, which has the potential to decrease conservative support for prosecutors. The predicted probabilities demonstrate this vividly: the chance of falling into the “always” or “most of the time” categories of trust drops from .29 in the most liberal category of ideology to .17 among the most conservative, while the likelihood of falling in the lower categories rises accordingly. In contrast, college education does not exert any significant effect, suggesting that higher educational attainment and the experiences typically associated with it do not consistently translate into greater confidence in prosecutors.
Our second set of hypotheses concerned whether the method of prosecutorial selection – partisan election, nonpartisan election, or appointment – shapes public trust. Our results do not provide support for this claim. Neither residing in a state with nonpartisan elections nor one with appointed prosecutors significantly increases trust relative to partisan systems. This null finding suggests that institutional design, at least in the form of selection mechanism, plays a weaker role in shaping public opinion than do personal and attitudinal factors.
While method of selection doesn’t influence prosecutorial trust, orientations toward other government institutions do exert strong effects. Trust in state courts is the most powerful among these; this makes sense given the working relationship between courts and prosecutors. Moving from the minimum to the maximum of court trust raises the probability of “always trusting prosecutors” from virtually zero to .07, while boosting the probability of “trusting most of the time” from .03 to .70. Similarly, trust in governors and state legislatures exert somewhat smaller (but statistically significant) positive effects, suggesting that confidence in prosecutors is influenced not only by trust in courts but also within broader patterns of trust in state political institutions. Perceptions of police effectiveness and value also matter: respondents who report feeling safe because of the police are significantly more trusting of prosecutors, with the probability of “trust most of the time” more than doubling between the lowest and highest categories of this variable.
Finally, our measures of social capital and political efficacy both positively and significantly predict prosecutorial trust. Individuals who feel more connected to their communities and those who believe they can influence government are more likely to express confidence in prosecutors. The predicted probabilities highlight meaningful, though smaller, shifts: moving from the lowest to highest levels of social capital raises the probability of falling into one of the two highest categories of trust from .18 to .26 percent, while moving from lowest to highest political efficacy increases it from .13 to .38. These findings suggest that citizens’ sense of empowerment and embeddedness in civic networks translates into greater trust in prosecutorial authority.
Taken together, these results confirm that prosecutorial trust is not reducible to institutional design alone. Instead, such trust emerges at the intersection of personal identity, ideological orientation, confidence in other institutions, and broader social dynamics. The strongest drivers of prosecutorial trust appear to be trust in courts and other state institutions, ideological leanings, and feelings of political efficacy. Meanwhile, institutional features such as election method do not show measurable effects, indicating that reforms focusing solely on selection procedures may not substantially alter mass attitudes toward prosecutors.
Conclusion
This study pushes the prosecutors’ literature forward in a simple but consequential way: it treats trust in prosecutors as its own object of explanation rather than a residual category folded into “the justice system” or “the courts.” Prosecutors sit at a peculiar intersection – extraordinary discretion over charging and plea bargaining, limited day-to-day visibility, and (in most states) electoral accountability that is often low-information and weakly competitive. Against that institutional backdrop, the paper’s theoretical contribution is to show that public confidence in prosecutors is not anchored in any single story (performance, partisanship, or institutional design), but instead emerges from interacting domains – identity/ideology, broader orientations toward government and legal institutions, and social dynamics such as political efficacy and social capital.
Empirically, our central finding is that public trust in prosecutors is best understood as a relational attitude – rooted in how citizens evaluate the surrounding ecosystem of governance and legal authority, and only secondarily in how the prosecutor’s office is formally organized. Trust in state courts is by far the strongest correlate of trust in prosecutors, with additional positive associations for trust in governors and state legislatures, and for feeling safe because of the police. In other words, prosecutors are not evaluated in isolation; they are evaluated as part of a broader “state capacity and legitimacy” bundle that includes courts and law enforcement. This matters because it suggests that prosecutorial legitimacy is partly downstream from – yet also potentially vulnerable to – public confidence in adjacent institutions. When the courts are seen as fair and effective, prosecutors inherit credibility; when policing is viewed as more untrustworthy, prosecutors face an uphill legitimacy battle even while attempting to professionalize, reform, or innovate.
At the same time, the results make clear that prosecutorial trust is politically and socially stratified in ways that the prosecutor’s literature increasingly needs to acknowledge. Racial minorities and women report lower trust in prosecutors, pointing to deep and durable legitimacy gaps tied to lived experience and group position. Ideology also matters in a way that is highly consistent with the current era of prosecutorial politics: more conservative respondents are less trusting, a pattern we believe is linked to contemporary conflict over “progressive prosecutors” and the diffusion of nationalized, partisan frames into local justice. This is a key update to older assumptions that “law-and-order” constituencies would be supportive of prosecutorial authority. Instead, the findings imply a more conditional and polarized legitimacy environment – one in which prosecutors can become symbolic stand-ins for broader partisan disputes over crime, punishment, and governance.
Just as important is what doesn’t move opinion. The method of selection – partisan election versus nonpartisan election versus appointment – shows no measurable relationship with trust. That null result carries real weight in the context of ongoing reform debates. It suggests that changing the formal selection mechanism, by itself, is unlikely to rebuild public confidence. By contrast, the social foundations of trust – political efficacy and social capital – do seem to matter: people who feel more empowered and more embedded in civic networks are more trusting of prosecutors. The implication is that prosecutorial legitimacy is not just about what prosecutors do inside the courthouse; it is also about whether citizens feel they have voice, standing, and meaningful connection to local civic life.
The big takeaway from our results is that trust in prosecutors is tied to confidence in neighboring institutions rather than through the office’s selection rules alone. This is likely due in part to the generally low knowledge people have about prosecutors. But prosecutors operate as “justice-system actors,” and public’s knowledge about this class of actors conditions citizens’ willingness to grant them discretion on broader confidence in courts, state governance, and policing – and on whether communities experience the system as responsive and inclusive. That has two immediate implications for how we interpret the contemporary prosecutors’ moment. First, as prosecutorial elections become more visible and more nationalized, prosecutors may face increasing pressure to signal partisan alignment – yet that very dynamic risks importing national mistrust into local legal institutions, narrowing the coalition that sees prosecutorial authority as legitimate. Second, legitimacy-building strategies that focus on transparency, court–prosecutor practices (e.g., discovery and charging norms), community engagement, and equity-oriented reforms are better aligned with the drivers of trust identified here than are structural tweaks to selection systems. We believe that future research can untangle the extent to which these effects are conditional on knowledge specifically about prosecutors.
Seen in the context of the growing literature on prosecutors, this study helps connect three conversations that too often run in parallel: (1) work on prosecutors’ discretionary power and accountability; (2) research on legitimacy, procedural justice, and institutional trust; and (3) scholarship on the politicization and nationalization of local prosecutorial elections. By offering systematic, mass-level evidence on who trusts prosecutors and why, the paper provides a clearer empirical foundation for debates about reform and representation. If legitimacy is the currency that allows prosecutors to govern under conditions of discretion and low visibility, then the path to sustaining that legitimacy runs through the broader justice ecosystem and civic relationships that shape how communities experience law in practice – not merely through the ballot rules that put prosecutors in office.
Supplementary material
The supplementary material for this article can be found at http://doi.org/10.1017/jlc.2026.10027.