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.

Op-Ed: Criminal justice reform is sweeping the country. But not L.A. County

“With such widespread support, it’s disheartening that Los Angeles County’s top prosecutor, Dist. Atty. Jackie Lacey, hasn’t embraced some criminal justice reforms.Take the incarceration rate of Los Angeles County. We have about 618 people in prison per 100,000 residents, which is significantly higher than California’s overall rate of 496 per 100,000 residents and more than four times higher than San Francisco’s rate. Black residents are incarcerated at four times the rate of white residents.“

Los Angeles Times

February 27, 2019

ProsecutorsPhillip ReevesFebruary 27, 2019Jackie Lacey, LA Times, Los AngelesComment

Amy Klobuchar’s record as a “tough on crime” prosecutor, explained

“Klobuchar, who’s currently a US senator from Minnesota, was previously a prosecutor for Hennepin County, Minnesota, which is home to Minneapolis and more than 1 million people. In her time as prosecutor from 1999 to 2007, she embraced “tough on crime” policies — pursuing harsher prison sentences against nonviolent offenders, such as graffiti taggers and drug dealers, and calling for changes to the law that would allow even longer prison sentences, particularly against repeat offenders.“

Vox

February 25, 2019

ProsecutorsPhillip ReevesFebruary 25, 2019Vox, Amy KlobucharComment

Honolulu’s Prosecuting Attorney and former deputy at the center of a massive public corruption scandal

“Katherine Kealoha has been indicted by the Justice Department on more than fifty charges ranging from drug dealing to public corruption stemming from her time as a deputy prosecuting attorney in Kaneshiro’s office. Among the most egregious allegations, Kealoha is said to have worked with her husband – the former Police Chief of Honolulu – to falsify charges against a relative with whom she was having a financial dispute, and to thwart the prosecution of her brother – a local doctor – for illegally prescribing opioids for profit. The indictments have come in waves over the past two years, and Kealoha is now facing three separate trials. The latest indictment is the first to implicate Kaneshiro, though it has been known for some weeks that the FBI recently sent him a “target letter” – that is, a letter notifying him that he was under investigation.“

The Open File

February 21, 2019

ProsecutorsPhillip ReevesFebruary 21, 2019The Open File, Hawaii, HonoluluComment

Philly District Attorney Larry Krasner Earns Praise And Pushback For Changes Made

“Some of the nation's most ambitious changes to criminal justice are happening in Philadelphia. That's where Larry Krasner is finishing his first year as district attorney. He's fighting mass incarceration and pushing to charge fewer people with crimes, but Krasner's efforts are getting resistance from police officers, victim advocates and the system itself. Bobby Allyn of member station WHYY has more.“

NPR Illinois

February 20, 2019

ProsecutorsPhillip ReevesFebruary 20, 2019NPR Illinois, Larry KrasnerComment

D.A. who ran as reformer says she needs 100 more prosecutors

“The district attorney of Harris County, Texas, formally asked the County Commissioners Court last month for $20 million to hire about 100 new prosecutors, an increase of 31 percent. DA Kim Ogg told the commissioners at the Jan. 29 budget hearing that she needs the new attorneys to handle a backlog of cases that have clogged the courts since Hurricane Harvey. Ogg was hailed as a “bold” criminal justice reformer for campaigning in 2016 on a platform of bail reform and diverting low-level drug offenses. But activists have questioned her actions since her election.“

The Appeal

February 8, 2019

ProsecutorsPhillip ReevesFebruary 8, 2019The Appeal, Kim Ogg, Houston, Harris County, TexasComment

Suffolk County D.A. Rachael Rollins's Office is Still Prosecuting Cases She Pledged to Drop

“But advocates say, so far, that’s not the case. Court Watch MA, a grassroots group that observes arraignments daily across three of the eight Boston Municipal Courts in Suffolk County, says that since Rollins’s Jan. 2 inauguration, its members have seen dozens of cases that seem to contradict her promises.“

The Appeal

February 6, 2019

State ReformsPhillip ReevesFebruary 6, 2019The Appeal, Suffolk County, Rachael Rollins, BostonComment

Beware of the Backlash Against Reform Prosecutors

“Now, the National Police Association (NPA), a little-known nonprofit formed in 2017, has filed a bar complaint with the Office of the Bar Counsel in Massachusetts in a presumed attempt to strip Rollins’ law license. The complaint itself is unlikely to succeed, as it fails to clearly state how she violated the Massachusetts Bar’s ethics rules. But it is worth highlighting as a significant attempt to close the main “safety valve” against American mass incarceration: reform-minded elected prosecutors.“

The Crime Report

January 7, 2019

State ReformsPhillip ReevesJanuary 7, 2019The Crime Report, Rachael RollinsComment

Larry Krasner’s first year as Philly DA: Staff turnover, fewer cases, plenty of controversy

“In public remarks, policy changes, and staffing decisions, Krasner, who campaigned on a pledge to curb mass incarceration, has sought to remake the culture of his agency, if not the system at large. He has personally led a national recruiting effort and turned over almost 30 percent of the office’s staff, while unveiling directives that rethink charging decisions, bail requests, and sentencing recommendations.“

Philadelphia Inquirer

January 6, 2019

State ReformsPhillip ReevesJanuary 6, 2019Philadelphia Inquirer, Philadelphia, Larry KrasnerComment

When the Police Become Prosecutors

“But in practice they do not decide alone. In the enormous world of misdemeanor processing, the police quietly wield a lot of prosecutorial authority. So for voters seeking change, switching prosecutors is only a partial solution.“

New York Times

December 26, 2018

ProsecutorsPhillip ReevesDecember 26, 2018New York TimesComment

When the Police Become Prosecutors

“Consider South Carolina, where most of the 400 magistrate and municipal courts had no prosecuting attorneys, according to a 2017 study by the National Association of Criminal Defense Lawyers. The police prosecuted their own misdemeanor arrests, while 90 percent of defendants had no lawyers and so faced the arresting officer-prosecutor on their own. South Carolina also does not require its lower-court judges to be lawyers, so thousands of convictions occur without input from a single attorney.“

New York Times

December 26, 2018

Prosecutors, Rural CrimePhillip ReevesDecember 26, 2018New York TimesComment

Tough-on-crime prosecutors distort truth, block prison reform

“In March, Mr. Montgomery said that most people who call for criminal justice reform have “no data to support it.” Perhaps that is the biggest myth of all, or at least the most ironic. The evidence that Arizona’s criminal justice system is broken and overly dependent on prison is overwhelming. Texas saw similar evidence and was compelled to start down the path of reform. So did Utah and Nevada and even Louisiana, not long ago dubbed “the world’s prison capital.” In Arizona, prosecutors should not be allowed to bury the truth any longer.“

Arizona Capitol Times

December 13, 2018

State ReformsPhillip ReevesDecember 13, 2018Arizona, Arizona Capitol Times, Bill MontgomeryComment

Prosecutorial Misconduct Commission Will Only Be as Strong as Underlying Disciplinary Rules—And That’s a Problem

“New York’s elected district attorneys are at war with the governor and legislature over a new, first-in-the-nation, State Commission on Prosecutorial Conduct…,charged with reviewing claims that those charged with enforcing the law in a court of law might, themselves, be acting unlawfully. The District Attorneys Association of New York has sued to declare the Commission unconstitutional.“

New York Law Journal

December 12, 2018

State ReformsPhillip ReevesDecember 12, 2018New York, New York Law JournalComment

Can Someone Please Tell Us What The Hell Is Going On At The City Prosecutor’s Office?

“Kaneshiro is, to cite the well-worn phrase, innocent until proven guilty. But if he is a suspect in a federal investigation, he needs to take a leave of absence. The fact that we are even raising the possible need for recall or impeachment of a city prosecuting attorney — should Kaneshiro not tell us all what is going on — illustrates just how destructive this storm has become. “

Honolulu Civil Beat

December 11, 2018

ProsecutorsPhillip ReevesDecember 11, 2018Honolulu Civil Beat, HawaiiComment

Opinion: PA’s new sentencing algorithm is a weapon of mass incarceration

“If we divest decision-making to an algorithm that ignores our capacity to change, then we will enter a new, frightening stage of mass incarceration. If the tool is trained to find risk, it will most certainly find it, and weaponize it to incarcerate us, rather than send us home to make amends, and to heal our families and communities.“

Billy Penn

December 11, 2018

SentencingPhillip ReevesDecember 11, 2018Billy Penn, PennsylvaniaComment

Settlement squashes NY state panel probing prosecutorial misconduct

“A settlement between New York district attorneys and the state has killed a criminal justice reform measure that would create an independent body to investigate bad prosecutors. The District Attorneys Association of the State of New York sued in October over the legislation, which it argued violated the state Constitution, that would create a panel to go after dirty DAs. Under the agreement between the prosecutor’s group and the state both the lawsuit and the creation of the panel are on hold — with the state being prohibited from making appointments to the commission.”

NY Daily News

December 10, 2018

State ReformsPhillip ReevesDecember 10, 2018New York Daily News, New YorkComment

Inside the Philadelphia DA’s side hustle — selling seized homes to speculators and cops

“As families fought to keep homes targeted by the DA, the revenues from the forfeiture sales became a big moneymaker for local law enforcement – netting some $6 million annually in the best years. The proceeds turned into an unregulated budget split between the police and DA. The money made off of the seized homes went to buy wish list items ranging from new submachine guns to custom uniform embroidery. “

Plan Philly

December 10, 2018

Civil Asset ForfeiturePhillip ReevesDecember 10, 2018Plan Philly, Philadelphia, Civil asset forfeitureComment

America’s Leading Reform-Minded District Attorney Has Taken His Most Radical Step Yet

“Krasner has challenged the idea that every person convicted of killing should be sent away for the rest of their lives, which is the mandatory minimum sentence for first- or second- degree murder in Pennsylvania. He has mandated that he personally sign off on any deal offered that exceeds 15 to 30 years in prison. “

Slate

December 4, 2018

SentencingPhillip ReevesDecember 4, 2018Slate, Larry Krasner, PhiladelphiaComment

Who are “the People” in Criminal Procedure?

“Part of my argument is that the people/defendant dichotomy constructs a limited and exclusionary view of which “public” matters in criminal adjudication. If we think of all members of the public as represented by “the People” and all those who might side with a defendant as “biased,” then we entirely exclude from criminal adjudication those who would disagree with a prosecution or support a defendant.“

Law and Political Economy

November 26, 2018

ProsecutorsPhillip ReevesNovember 26, 2018Law and Political EconomyComment

Larry Krasner moves Philadelphia beyond ‘eye-for-an-eye’ on murder | Opinion

“Breaking with long-held tradition, Krasner is no longer seeking to charge any killing that happens in the city with the highest possible charge — first-degree murder that carries a sentence of life without parole or death. Instead, Krasner intends to use the full spectrum of murder charges.“

Philadelphia Inquirer

November 20, 2018

SentencingPhillip ReevesNovember 20, 2018Philadelphia Inquirer, Philadelphia, Larry KrasnerComment

Diversion Programs Say They Offer a Path Away From Court, but Critics Say the Tolls Are Hefty

“The programs raise legal and ethical questions, including whether they create an uneven playing field for defendants and financial incentives for prosecutors to dispose of cases in ways they might not otherwise.“

ProPublica Illinois

November 13, 2018

Pre-trial InterventionPhillip ReevesNovember 13, 2018ProPublica Illinois, IllinoisComment