This problem stems not from misused prosecutorial discretion but from structural characteristics of American society and the disorders to which they give rise.The United States has the highest rates of imprisonment in the developed world largely because it has the highest rates of interpersonal violence, the worst social problems, and the most immiserated lower classes.
We take prosecutors into prisons and sit them down in a room with people serving long sentences and survivors of crime. In New York, shoplifters can be charged with misdemeanor theft, felony theft, or even burglary (if they were previously barred from the store, or reached behind the counter without permission), exposing them to punishments ranging from a few months' probation to seven years in prison. We have the highest prison population, we have one of the highest crime rates, we have the worst racial disparities in our criminal justice system, and the worst outcomes.
The War on Drugs has been scaled back, reducing racial disparities in imprisonment; felon disfranchisement is being reversed, most notably in Florida where nearly 1.5 million people recently regained their votes; the Ban the Box movement has reduced employment discrimination against former felons; the First Step Act, passed with bipartisan support, has eased some mandatory sentences and early release from federal prison; and dozens of states have passed laws designed to reduce imprisonment. It's a system that puts 2.3 million Americans behind bars, far more per capita than any other nation. Ashoka’s Michael Zakaras talks to Adam Foss, founder of Prosecutor Impact, about the opportunity he sees and what he’s doing about it. Prosecutors and Mass Incarceration. Give what you can...The premise of the book is that prosecutors have the power to steer the system toward a more equitable, temperate, and racially conscious criminal justice. While prosecutors are supposed to play a dual role—advocates for “the people” as well as impartial ministers of justice—for as long as anyone can remember, all the political pressure has pushed toward the former.This shift in the balance of power has been under way ever since America became a high-crime society in the late 1960s.
Am I serving you well? "In the same way prosecutors have driven the prison population up, Krinsky believes they can and will drive it down. Because mass incarceration isn't just a problem because so many people are in prison - it’s a problem because in the name of safety and justice, we've created tremendous distrust in communities that are over-incarcerated and so people who are being harmed in those communities hesitate to or don’t reach out to those of us going into the system to serve them. Kevin is a black, male high-school dropout, with little prospect of gainful employment, living in a segregated community marked by guns, gangs, illegality, and violence. But they can reduce the number of people behind bars by making prosecutors accountable for the punishments they seek.
But they also have the discretion to do the opposite. What it comes down to is removing barriers for prosecutors to see people impacted by the system as whole human beings, how to treat them with full dignity and to make decisions more commensurate with the values we all hold as prosecutors: safety, accountability, and justice.
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