State Reforms — 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 State Reforms

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

Larry Krasner vs. Everybody: Inside the Philly DA’s Crusade to Revolutionize Criminal Justice

“As a career defense attorney who’d never prosecuted a case in his life, Larry Krasner did promise a radical reworking of the DA’s office — an end to what he called the “crisis of mass incarceration.” He won, improbably, in part because of major campaign spending by liberal billionaire George Soros. Now, nearly two years into his first term, he’s shown he can deliver on what he promised, diverting nonviolent offenders from prison and eliminating cash bail for some charges.* But the victories have come with controversy — including, most spectacularly, some dramatic skirmishes with his fellow top law enforcement officers.“

Philadelphia Magazine

November 23, 2019

State ReformsPhillip ReevesNovember 23, 2019Philadelphia Magazine, Philadelphia, Larry KrasnerComment

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

DAs trained how to keep people in jail despite new bail law

“Jed Painter, an assistant district attorney from Nassau County, has been giving presentations on New York’s new state laws that limit bail, expand discovery in criminal cases and encourage speedy trials to audiences of lawyers and legislators across the state. But critics say Painter’s presentation helps prosecutors find legal loopholes to hold more defendants on bail and to delay trials.“

City & State New York

October 28, 2019

State ReformsPhillip ReevesOctober 28, 2019City and State New York, Nassau County, New York, Jed PainterComment

A Texas Prosecutor Fights for Reform

“The position of the district attorney in American politics has changed rapidly in the past few years, as progressive DAs have swept offices across the country with plans to reform the criminal-justice system from within. While most of the prominent DAs are in Democratic states, Creuzot, a former judge who has been registered as both a Democrat and a Republican, has emerged as one of the highest-profile DAs trying to enact progressive policies in a red state.“

The Atlantic

October 24, 2019

State ReformsPhillip ReevesOctober 24, 2019The Atlantic, John Creuzot, TexasComment

The Kim Foxx Effect: How Prosecutions Have Changed in Cook County

“Our analysis of this data provides the first detailed look at the more than 35,000 cases that flow through Foxx’s office every year. We found that since she took office she turned away more than 5,000 cases that would have been pursued by previous State’s Attorney Anita Alvarez, mostly by declining to prosecute low-level shoplifting and drug offenses and by diverting more cases to alternative treatment programs. Foxx has not finished her term, so these trends could yet change.“

The Marshall Project

October 24, 2019

State ReformsPhillip ReevesOctober 24, 2019The Marshall Project, Kim Foxx, Chicago, The Pudding, Chicago ReporterComment

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

Prosecutors Roll Out Reforms in Four States

“A Maryland prosecutor stops seeking cash bail, Kentucky and Virginia prosecutors limit pot cases, and a Hawaii prosecutor reduces charges for driving offenses. What’s next? And why not more?“

The Appeal Political Report

September 19, 2019

State ReformsPhillip ReevesSeptember 19, 2019The Appeal Political Report, Maryland, Kentucky, Virginia, HawaiiComment

Real criminal-justice reform is local, and not easy

“Both candidates want to ban private prisons, but say nothing about prison-guards’ unions, which are more effective drivers of mass incarceration. The work being done by DAs like Ms Rollins show how real criminal-justice reform can be achieved.“

The Economist

August 29, 2019

State ReformsPhillip ReevesAugust 29, 2019The Economist, Rachael RollinsComment

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

A No-Holds-Barred Assault on Prosecutors

“While most progressive prosecutors have not been in office long enough to measure their impact on crime (or punishment), it’s worth noting that violent crime fell by over 5 percent in Philadelphia during District Attorney Larry Krasner’s first year on the job, and by 4 percent during Kim Foxx’s first two years in Chicago. None of this is dispositive proof that the policies of progressive prosecutors can lead to reductions in crime, but it pushes back strongly against Barr’s fearmongering.“

The Appeal

August 13, 2019

State ReformsPhillip ReevesAugust 13, 2019The Appeal, William BarrComment

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

Report: Incarceration Rates Drop Nearly 20% Under Kim Foxx

“The number of people sentenced to prison in Cook County dropped by nearly one-fifth last year according to a new report that analyzes the prosecution practices and case settlements under State’s Attorney Kim Foxx. The report was published Tuesday by a group of “community partners” including The People’s Lobby and Reclaim Chicago – two local organizations that publicly supported Foxx during her 2016 election campaign – and the Chicago Appleseed Fund for Justice, an advocacy organization aimed at improving the court system.“

WTTW Chicago

July 30, 2019

State ReformsPhillip ReevesJuly 29, 2019WTTW Chicago, Kim Foxx, ChicagoComment

Durham DA Deberry promised to fight mass incarceration. See how she says she’s doing.

“The report outlines changes Deberry has made, from how the office is structured and prosecutes homicides, to not prosecuting certain misdemeanors and school referrals. She also created an internal pre-trial release policy that seeks to keep more people out of jail and a committee that reviews and shares information about police misconduct. Here are five significant changes Deberry has made since taking office Jan. 1.“

Raleigh News & Observer

July 25, 2019

State ReformsPhillip ReevesJuly 25, 2019Raleigh News & Observer, Durham County, North Carolina, Satana DeberryComment

Listen up Democrats – the votes are in and the public is done with mass incarceration

“The two dozen Democratic presidential contenders should take note of what happened in Virginia last night. A double-digit majority of Americans now support not only legalising recreational marijuana, but also expunging the criminal records of those imprisoned for its possession and use.“

The Independent

June 13, 2019

State ReformsPhillip ReevesJune 13, 2019The IndependentComment

Progressives Find Political Success, and Pushback, as Prosecutors

“‘When a prosecutor announces a policy that seems unprecedented, there’s going to be some pushback,’ says Sklansky, the Stanford professor. ‘We don’t have clear road maps for what it means to be a responsible prosecutor who cares about reducing mass incarceration’.“

The Governing Institute

May 30, 2019

State ReformsPhillip ReevesMay 30, 2019Governing InstituteComment

The true role of the district attorney

“The social justice district attorney candidate makes grand pronouncements, and, as here in Boston, proclaims that entire categories of crime will no longer be prosecuted. This is done, it’s claimed, to redress inequities in the demographics of who is in jail or prison. This criminal justice philosophy, though well intentioned, is flawed in several respects.“

Boston Globe

May 28, 2019

State ReformsPhillip ReevesMay 28, 2019Boston GlobeComment

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

“Dallas County District Attorney John Creuzot announced policy reforms last month that he said would be “a step forward” in ending mass incarceration in Dallas. His plans include decreasing the use of excessively high bail amounts and no longer prosecuting most first-time marijuana offenses. “

Texas Tribune

May 21, 2019

State ReformsPhillip ReevesMay 21, 2019Texas Tribune, Dallas, John CreuzotComment