Reimagining the Role of the Prosecutor
Can state prosecutors stem mass incarceration and increase fairness? Absolutely.
The most powerful official in the criminal justice system is the state prosecutor. She decides who will be charged and the severity and nature of the offense(s). She also determines the plea offers and presents sentencing and bail recommendations. And it is only the prosecutor who can dismiss charges. Judges, criminal defense lawyers, and even legislatures, do not have the same power as prosecutors. Because they have the most power, transformational change must start with them.
What needs to be done?
Prosecutor offices should consider rethinking their philosophies and goals to reflect new 21st century values. In December 2018, Fair and Just Prosecution, released new practice guidelines for prosecutors entitled, “21 Principles for the 21st Century Prosecutor.” These revolutionary guidelines, written by former and current state and federal prosecutors, focus on how offices can make internal reforms to stem mass incarceration and increase fairness in case outcomes.
Some district attorneys have already adopted some of these principles and changed the culture of their offices. For instance, the district attorneys in Brooklyn, Philadelphia, and Boston are examples of some offices that have made revolutionary reforms.
These offices have evolved their values to support new goals: maintaining safety in their communities, considering alternatives to incarceration for more cases, implementing updated data and analytics systems to ensure accountability and transparency, and making strides to end racial injustice in case outcomes.
Now is the time for this culture change to spread to the other 2, 400 offices nationally. For the first time in years, we have an opportunity to make transformational change in our criminal justice system because the most powerful official, the prosecutor, is in the position to make such a change.
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