Progressive Prosecution


Book Description

Provides compelling and manageable solutions for how to reform the criminal justice system from the inside out A racial reckoning in the US criminal justice system was long overdue well before the highly publicized murders of George Floyd, Breonna Taylor, and many others in 2020. Progressive Prosecution argues that prosecutors, having helped build our failed system of mass incarceration, must now lead the charge to dismantle it. With contributions from practicing district attorneys as well as leading scholars in the fields of law and criminal justice, Taylor-Thompson and Thompson’s volume offers an unapologetically ambitious vision for reform. The contributors draw from empirical evidence and years of combined research experience to argue that change must happen at the local level, with prosecutors choosing to adopt race-conscious approaches. These prosecutors must do the hard work themselves, actively focusing on the ways that race misshapes perceptions of criminality, influences discretionary calls, affects how we select juries, and induces a reliance on punitive responses. Progressive Prosecution acts as both a call to action and a practical guide, instructing prosecutors on what they need to do to bring about lasting and meaningful change. Progressive Prosecution is an urgent work of scholarship, a must-read for anyone committed to racial equity and meaningful criminal justice reform.




Charged


Book Description

NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.




Rural Spaces, Communities of Color, and the 'Progressive' Prosecutor


Book Description

The concept of the “progressive prosecutor” has captured the attention of many newspapers, media outlets, district attorney candidates, legal scholars, and the public at large. The success of candidates declaring themselves progressive prosecutors has been tracked with much excitement by those who have sincere interests in criminal justice reform and has been lauded in many reform-minded camps.These progressive prosecutors, while located throughout the country, seem to have one geographic commonality -- they generally hail from large cities or even urban metroplexes: These include Wesley Bell in St. Louis, Rachael Rollins in Boston, Larry Krasner in Philadelphia, and Kim Foxx in Chicago. In the meantime, disproportionate contact between police and minorities has increased in the rural reaches of the country, with prosecutors seemingly growing less reform minded with rates of incarceration in rural jurisdiction increasing.This paper joins others in casting suspicion upon the notion of progressive prosecution, questioning whether such an appellation should exist given the current nature of the job in the United States. It also serves as a warning; that while such prosecutors have seemed to become more common in large cities, that practitioners and scholars should not forget that reforms that occur in large jurisdictions sometimes do not extend to those suffering injustices in small communities.




Arbitrary Justice


Book Description

What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.




Rethinking Justice


Book Description

In the criminal justice system, people are cast into polar positions on the good-bad axis: good guys and bad guys. Prosecutors, who wield considerable power and influence in the enforcement of our laws, are almost universally cast as good guys. Seldom is there accountability when they are, in fact, not always good. Rethinking Justice: Inside America's Movement for Prosecution Reform introduces a newly minted generation of prosecutors, intent on holding the entire system accountable and changing the way we handle crime in America. Explore how a prevailing philosophy of retributive over restorative justice has contributed to mass incarceration. Discover what happens when civil servants go beyond filling prisons to address systemic injustices. Meet Portsmouth Commonwealth Attorney Stephanie Morales, whose investment in crime prevention, community building, and restorative justice could provide a model for widespread reform. Through stories and insights from district attorneys, legal scholars, and survivors of a perilously flawed system, Rethinking Justice imagines the tough-on-crime D.A. role recast as a "progressive prosecutor." Is this political paradox even possible?




The Compromises Progressive Prosecutors Must Make


Book Description

Elected prosecutors in the United States have facilitated mass incarceration, especially since 1994. In response, activists have helped to elect progressive prosecutors at the local level. This thesis examines whether prosecutors can achieve progressive goals, including increasing the fairness of the criminal justice process, prosecuting police abuse, and reducing incarceration. Based on three case studies, I find that prosecutors can reduce incarceration and increase the fairness of the criminal justice process, but that they currently face significant constraints in prosecuting police abuse. A prosecutor's capacity to collaborate with more conservative agents is the most crucial factor for success and depends on not prosecuting police abuse, limiting the extent to which they reduce prosecutions, and, to a lesser degree, limiting how far they go toward promoting a fairer criminal process.




The Changing Role of the American Prosecutor


Book Description

Looks at how prosecution of offenders is evolving in the contemporary legal milieu.




The Oxford Handbook of Prosecutors and Prosecution


Book Description

"This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field. It offers an indispensable starting point for newcomers and a compelling synthesis for specialists and practitioners"--




Rogue Prosecutors


Book Description

Rogue Prosecutors investigates the “progressive prosecutor” movement, exposing the frightening results of silencing victims and empowering criminals. Rogue Prosecutors explains the origins, beliefs, playbook, funding, and real-life consequences of the “progressive prosecutor” movement—a group of newly elected prosecutors, their allies, and backers that refuse to prosecute crimes, hold criminals accountable, and seek justice for victims. Told through true crime stories from eight different cities, the authors explore how a radical movement funded and conceived by George Soros—and ostensibly designed to “reverse engineer” the criminal justice system as we know it—has succeeded in replacing law and order prosecutors with pro-criminal, anti-victim zealots. Weaving together extensive interviews with victims, law enforcement officers, lawyers, and judges, Rogue Prosecutors offers a searing portrait of the devastation caused by the policies of these hand-picked activists, how their hands-off approach to prosecution has encouraged lawlessness and eviscerated the relationship with law enforcement, and why minorities have suffered the most in cities with “progressive prosecutors.” In story after story, the authors underscore that justice and public safety require prosecutors to hold all criminals accountable, and that the best choice for district attorney is not necessarily based on partisan politics, but between those who believe in law and order and those who don’t.




Locked In


Book Description

A groundbreaking reassessment of the American prison system, challenging the widely accepted explanations for our exploding incarceration rates In Locked In, John Pfaff argues that the factors most commonly cited to explain mass incarceration -- the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons -- tell us much less than we think. Instead, Pfaff urges us to look at other factors, especially a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. An authoritative, clear-eyed account of a national catastrophe, Locked In is "a must-read for anyone who dreams of an America that is not the world's most imprisoned nation" (Chris Hayes, author of A Colony in a Nation). It transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.