
Whether you are an elected lead prosecutor or a line prosecutor, you have an immense amount of power and influence in the criminal justice system. Your duty to serve the people of your jurisdiction is not limited to victims of crimes, but includes the larger community, including those who are impacted by a system that unduly criminalizes and excessively punishes behaviors that should be addressed in other ways. As criminal justice reform efforts focus on the problem of mass incarceration, the role of prosecutors is under scrutiny in a way never seen before. Local communities are becoming informed and engaged and are demanding a fairer and more just system by electing lead prosecutors who reflect their values.
“The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of "The People" includes the defendant and his family and those who care about him. It also includes the vast majority of citizens who know nothing about a particular case, but who give over to the prosecutor the authority to seek a just result in their name." ~ Carol A. Corrigan Carol A. Corrigan, “On Prosecutorial Ethics,” Hastings Constitutional Law Quarterly 13, no. 3 (1985-1986), 537-43, 538-39, https://perma.cc/VAC7-5DEP.
The traditional law and order model of handling cases has only exacerbated the overuse of incarceration, racial disparities in case outcomes, and the deterioration of community trust in law enforcement. As leaders, it is time to look in the mirror and assess how your office contributes to an unjust system. A new class of elected prosecutors is reshaping the role and committing to reduce the reach of the criminal justice system. They are assessing the impact of their offices at an aggregate level by reviewing office policies and gathering and analyzing data. Based on this information, they are training line prosecutors to decline or divert more cases and to aggressively pursue alternatives to incarceration. They are using data to assess how race-neutral decisions are disproportionately impacting people of color at all phases of a case—from charging to bail to plea bargaining to sentencing. This prosecutor is also committed to sharing her policies publicly so that the community she serves is informed and empowered to hold her accountable.
Who we are
In September 2017, Vera launched its Prosecution Reform Program, which builds on our prior prosecution and racial justice work. In this program, we are working with a new set of prosecutor’s offices to
- end mass incarceration;
- address racial disparities in the criminal justice system;
- increase transparency in prosecutors’ offices and make them more accountable to the communities they serve; and
- ensure that all of these changes are sustainable.
In partnership with these offices, we analyze prosecution, jail, and prison data to identify specific policy and practice reforms the office can make to achieve these shared goals. Together, we evaluate everything from charging policies to sentencing recommendations under a new framework focused on a fair and just outcome for the people impacted—not just victims, but also those charged and the community as a whole. This person-based—rather than case-based—and data-driven approach focuses resources on addressing the underlying causes of crime and reserving incarceration for those who clearly demonstrate a threat to community safety.
What you can do
The weighty problems in our criminal justice system require bold solutions and, as prosecutors, you are well-equipped to lead the charge for change. Although the case decision points that follow serve to educate community members about the role of prosecutors, each section is followed by key questions that community members are encouraged to ask of you. These questions can serve as a tool for you to assess whether your office’s policies and practices contribute to the problems of mass incarceration and racial inequity—or are part of their solution.