Prosecutors — Prosecutors — Galsworthy Criminal Justice Reform Program

Galsworthy Criminal Justice Reform Program

Prosecutors

Currently, prosecutors in both the juvenile and adult criminal justice systems have too much discretion in pressing charges, determining what sentences are sought, and negotiating plea deals. Trial by jury is a key tenant of the American criminal justice system, but heightened prosecutorial power significantly reduces the power and frequency of a trial by peers. Attempts at sentencing reform must address largely unchecked prosecutorial discretion.

Posts in Prosecutors

Harris County D.A. Kim Ogg Didn't Deliver on Her Promise of Reform. Now Another One of Her Former Prosecutors is Running Against Her.

“Kim Ogg was elected district attorney of Harris County, Texas, in 2016 on a criminal justice reform platform, but has spent her first term largely pushing the status quo. She has repeatedly asked the County Commissioners Court, which makes budget decisions for the country’s third largest county, for dozens more prosecutors, requests that have thus far been denied. She also stood against a historic misdemeanor bail reform settlement that came as a result of a new wave of judges being swept in during the 2018 election in Harris County, which includes Houston. Those moves have largely been at odds with Ogg’s stated vision for reform. In March, a former assistant district attorney under Ogg, Audia Jones, entered the 2020 race against her. And now, Carvana Cloud, the former Special Victims Bureau chief under Ogg, has left the office to enter the race.“

The Appeal

December 5, 2019

ProsecutorsPhillip ReevesDecember 5, 2019The Appeal, Kim Ogg, Harris CountyComment

Dethroning the ‘Kings of the Courtroom’: How to Turn Prosecutors into Reformers

“Still, he added, the prosecutor-led reform movement also carries with it some dangers. There’s a contradiction between trying to curb prosecutorial powers and using a prosecutor’s clout in the system to make changes in the administration of justice that critics could justifiably call political overreach or an abuse of the political process, Bellin noted. Instead, he argued, prosecutors should use their influence to reduce the “severity” of modern U.S. justice.“

The Crime Report

November 29, 2019

State Reforms, ProsecutorsPhillip ReevesNovember 29, 2019The Crime ReportComment

Newsletter: What does it mean to be a progressive prosecutor?

““Progressive prosecutor” has clearly become a buzzword as of late, but what exactly does it mean to be one? Progressive prosecutors tend to sound “more like liberal activists and civil rights lawyers than traditional hard-nosed DAs,” and are seeking to transform criminal justice systems, as my colleague Del Quentin Wilber put it a few months ago.“

LA Times

November 12, 2019

State Reforms, ProsecutorsPhillip ReevesNovember 12, 2019LA Times, Chesa Boudin, San FranciscoComment

Editorial: America’s next most important election? The L.A. district attorney race

“The Los Angeles County district attorney’s office is the nation’s largest local prosecutorial agency by far. Its caseload, together with L.A.’s position as a capital of innovation and a breeding ground for political movements, put the L.A. D.A.’s office in a position to influence justice policy not just here but throughout California and, arguably, around the nation. Practices established in L.A. may well set the course for dealing with homelessness, mental health care, policing and public safety everywhere. So there is a strong case to be made that aside from the presidential race, the most important item before voters in 2020 will be the race for L.A. County D.A.“

Los Angeles Times

October 21, 2019

Prosecutors, State ReformsPhillip ReevesOctober 21, 2019Los Angeles, LA Times, Jackie Lacey, George GasconComment

Rhode Island Police Don't Just Make Arrests. Some Also Act as Prosecutors.

“The state is one of eight that allow cops to arraign people on misdemeanor charges. Advocates and academics say the practice is unjust.“

The Appeal

October 10, 2019

Overcriminalization, Prosecutors, SentencingPhillip ReevesOctober 10, 2019The Appeal, Rhode IslandComment

Federal Judge Rebukes Houston DA for Using the Willie Horton Strategy

“U.S. District Judge Lee Rosenthal gave preliminary approval last week to a settlement that restructures the bail system and provides for the pretrial release of most people charged with misdemeanors in Texas’s Harris County, the nation’s third most populous county and home of Houston. And she did it over the objections of Harris County District Attorney Kim Ogg.“

The Appeal Political Report

September 12, 2019

Prosecutors, Bail ReformPhillip ReevesSeptember 12, 2019The Appeal Political Report, Houston, Harris County, Kim OggComment

Prosecutors Need to Take the Lead in Reforming Prisons

“Everyone who takes the oath of a prosecutor’s office in this country should come to work feeling the moral weight of our unacceptable prison conditions. District attorneys can profoundly transform the criminal-justice system if they recognize their own role in perpetuating the harms of prison and commit to fixing American prisons. Prosecutors should proactively employ their considerable power to investigate and prosecute abuse, other criminal conduct, and civil-rights violations behind bars, and use their bully pulpits to speak out loudly in favor of a drastically different prison model.“

The Atlantic

August 27, 2019

Prosecutors, State ReformsPhillip ReevesAugust 27, 2019The AtlanticComment

Prosecutor Sends Staff to Prison, in a Bid to Counter Their Reflex to Incarcerate

“Her comments flip the typical way opponents of criminal justice reform react to cases of recidivism to argue that people were not treated harshly enough. Instead she suggested that some instances of recidivism should force prosecutors to confront the failures of incarceration. “That hasn’t worked, that person is back. Maybe we need to find another way to address this particular person,” she said.“

The Appeal Political Report

August 14, 2019

ProsecutorsPhillip ReevesAugust 14, 2019The Appeal Political Report, Sarah Fair George, VermontComment

Prosecutor Sends Staff to Prison, in a Bid to Counter Their Reflex to Incarcerate

“George said this perspective should fuel shorter sentences, but also restrain prosecutors from seeking incarceration in the first place. ‘They spent an hour and a half there and were relieved to get out,’ she said of staff members who have already visited St. Albans as part of her initiative. ‘So let’s imagine how this might impact somebody who is there for six months or a year, and how this impacts them as a community member when they get back out. Is there a way that we can avoid that entirely, and not risk them coming out a more violent person or with some type of trauma having been in jail? Can we find another way’?“

The Appeal Political Report

August 14, 2019

Sentencing, ProsecutorsPhillip ReevesAugust 14, 2019The Appeal Political Report, VermontComment

Jody Owens wins Hinds County district attorney's race

“Owens was endorsed by Jackson Mayor Chokwe Antar Lumumba. He also was endorsed by the Real Justice PAC, an organization co-founded by New York activist Shaun King. The Real Justice PAC works to elect reform-minded prosecutors at the county and municipal level.“

Mississippi Clarion Ledger

August 6, 2019

Prosecutors, State ReformsAnthony BradleyAugust 6, 2019Mississippi, Mississippi Clarion Ledger, Hinds County, Jackson, Jody OwensComment

Pennsylvania's Top Cop Says He Supports Criminal Justice Reform. His Record Suggests Otherwise.

“During his campaign, Shapiro espoused progressive ideals like standing up to Wall Street and protecting the rights of the LGBTQ community; he has frequently cast himself as a bulwark against President Trump. But since then, critics say, he has embraced a tough-on-crime image that contrasts sharply with the progressive politics of Philadelphia DA Larry Krasner, the state’s most prominent prosecutor. Shapiro is endorsed by the Fraternal Order of Police, they note, an organization that accused Krasner of having ‘great disdain for law enforcement.’“

The Appeal

August 2, 2019

State Reforms, ProsecutorsPhillip ReevesAugust 2, 2019The Appeal, PennsylvaniaComment

Pennsylvania Democrats Had a Change to Reject Law Limiting Philly DA's Authority

“On July 2, Pennsylvania Governor Tom Wolf signed into law a bill that includes a controversial provision to strip progressive Philadelphia District Attorney Larry Krasner of some prosecuting power over gun cases in the city. The measure, passed in late June by the Republican-led state legislature, gives state Attorney General Josh Shapiro’s office the ability to prosecute cases involving the illegal possession and illegal sale of firearms in the city—without first conferring with Krasner.“

The Appeal

July 25, 2019

ProsecutorsPhillip ReevesJuly 25, 2019The Appeal, Pennsylvania, Larry Krasner, PhiladelphiaComment

Will November Bring a “Wave” of Reform Prosecutors in Virginia?

“Virginia’s Democratic primaries shook up the state in June, when candidates running on platforms of ending mass incarceration ousted the commonwealth’s attorneys of two of the state’s biggest counties. Will voters double down in November’s general elections?“

The Appeal Political Report

July 18, 2019

ProsecutorsPhillip ReevesJuly 18, 2019The Appeal Political Report, VirginiaComment

Why Los Angeles Could Be the Setting for the ‘Most Important D.A. Race’ in the U.S.

“San Francisco and Los Angeles may share a similar brand of liberal politics. They are both led by mayors who see it as their jobs, in part, to push back against President Trump’s agenda, and both cities are trying to bring liberal solutions to bear on some of the same problems, like homelessness and housing. But when it comes to criminal justice, the two cities could not be more different.“

New York Times

June 21, 2019

ProsecutorsPhillip ReevesJune 21, 2019New York Times, Los AngelesComment

Philly’s Weekend Violence Has Officials Eager to Find Answers — and Place Blame

“Ross responded that he’s not ‘ready to say’ that Krasner’s office bears any responsibility in the increase in gun violence but that ‘you better believe that’s one of the things we’re looking at’.“

Philadelphia Magazine

June 18, 2019

ProsecutorsPhillip ReevesJune 20, 2019Philadelphia Magazine, Philadelphia, Larry KrasnerComment

Spotlight: A New Wave of Prosecutorial Transparency

“‘Prosecutors’ offices are notorious for their lack of transparency. Across the country, we see them obfuscating information about their policies and practices—even though they are elected officials and some of the most powerful people in the criminal legal system,’ says Nicole Zayas Fortier, advocacy and policy counsel at the ACLU’s Campaign for Smart Justice. Fortier and others call this the prosecutorial black box. But that is starting to change.“

The Appeal

June 7, 2019

ProsecutorsPhillip ReevesJune 7, 2019The AppealComment

Connecticut will be first state to collect prosecutor data to study racial bias

“Connecticut, officials say, is set to become the first state to begin collecting prosecutorial data statewide, under legislation that received rare unanimous votes in both the state Senate and House of Representatives within the past week. “

NBC News

June 6, 2019

ProsecutorsPhillip ReevesJune 6, 2019NBC, ConnecticutComment

Dad’s in Prison. Mom Was on Parole. He’s Running for D.A.

“‘I’m the only candidate who has visited a loved one behind bars, that still does that,’ he said in an interview. ‘I’m the only candidate who has ever defended somebody accused of a crime’.“

New York Times

May 24, 2019

ProsecutorsPhillip ReevesMay 24, 2019New York Times, San Francisco, Chesa BoudinComment

The War on Prosecutors

“Progressive reformers still obsessing over so-called mass incarceration think that the best way to reduce imprisonment is to curtail the power of prosecutors’ offices. They believe that prosecutors caused the prison buildup and that DAs persist in maximizing incarceration even though crime is down. These critics are mistaken, and their proposals are unnecessary, risky, and misguided. “

National Review

May 15, 2019

ProsecutorsPhillip ReevesMay 15, 2019National Review, Barry Latzer, Rachel Barkow, Emily BazelonComment

Prosecutors must maintain ethical conduct during misdemeanor plea deals, ABA ethics opinion says

“When entering into a plea bargain for a misdemeanor offense, prosecutors have an ethical duty to ensure the legal and evidentiary basis of the charges are sound, according to a new formal ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility. “

American Bar Association

May 9, 2019

ProsecutorsPhillip ReevesMay 9, 2019American Bar AssociationComment