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.

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

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

Prisons are packed because prosecutors are coercing plea deals. And, yes, it's totally legal.

“Though physical torture remains off limits, American prosecutors are equipped with a fearsome array of tools they can use to extract confessions and discourage people from exercising their right to a jury trial. These tools include charge-stacking (charging more or more serious crimes than the conduct really merits), legislatively-ordered mandatory-minimum sentences, pretrial detention with unaffordable bail, threats to investigate and indict friends or family members, and the so-called trial penalty — what the National Association of Criminal Defense Lawyers calls the “substantial difference between the sentence offered prior to trial versus the sentence a defendant receives after a trial.”“

NBC

August 8, 2019

SentencingPhillip ReevesAugust 8, 2019Cato Institute, NBCComment

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

Opinion: Every D.A. in America Should Open a Sentence Review Unit

“The concept of sentence review units is not entirely unfamiliar; it builds on conviction review units that root out cases where an innocent person has been found guilty. Sentence review units are similar, but instead of wrongful convictions, they seek out cases where the sentence seems excessive. What counts as “excessive” is necessarily a judgment call, but examples include sentences that in retrospect seem disproportionate to the severity of the offense, or those that are far longer than what a person sentenced today would receive.“

New York Times

August 1, 2019

Overcriminalization, SentencingPhillip ReevesAugust 1, 2019James Forman Jr, New York Times, Sentence Review UnitComment

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

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

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

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

The tough-on-crime law Democrats are overlooking

“The criticism of these provisions is entirely justified. But not enough attention has been paid to another 1980s-era tough-on-crime law that is still very much with us, causing substantial unnecessary incarceration, particularly of African Americans and Hispanics: the 1984 Sentencing Reform Act. Among its “reforms,” the law eliminated parole for federal offenders and created the U.S. Sentencing Commission that then promulgated the Federal Sentencing Guidelines. “

Washington Post

June 30, 2019

SentencingPhillip ReevesJune 30, 2019Washington Post, 1984 Sentencing Reform ActComment

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

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

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

L.A. Prosecutor Touts Her Mental Health Reforms, But Critics Say She's Making the Crisis Worse

“But critics say Lacey herself isn’t the reformer she has claimed to be. Though in January she announced a new division in her office devoted to serving people with mental illness, the unit only has about two staffers, according to Joseph Iniguez, an assistant district attorney in Lacey’s office who is running against her in 2020. And Iniguez said line prosecutors aren’t properly trained on how to handle cases involving people with mental illness in court. “

The Appeal

June 7, 2019

SentencingPhillip ReevesJune 7, 2019The Appeal, Los Angeles, LA, Jackie LaceyComment

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

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

How a new district attorney is shaking up the justice system in midcoast Maine

“Restorative justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior, and one of its foundational principles is that the people affected by the crime should be able to participate in its resolution. Currently, restorative justice is incorporated into the criminal justice system in the four midcoast counties, primarily through programs operated by the Restorative Justice Project of the Midcoast, a Belfast-based nonprofit organization.“

Bangor Daily News

May 28, 2019

SentencingPhillip ReevesMay 28, 2019Bangor Daily News, MaineComment

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