Prosecutors and Mass Incarceration.

Some even blame Lyndon Johnson for abandoning social-policy programs in the face of conservative opposition and for increasing federal funding for law enforcement. 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. They say, "I'm a better human being because I had this opportunity." Ashoka’s Michael Zakaras talks to Adam Foss, founder of Prosecutor Impact, about the opportunity he sees and what he’s doing about it. And so the moral basis for sentencing reform—that is "unnecessary" (and therefore unjust) to lock up this many people for this number of years—is likely to be less convincing to prosecutors, especially when they collectively have played such a significant role in creating the current state of affairs.This is not to argue that prosecutors are the sole or even the dominant cause of high incarceration rates; Jeffrey Bellin, for example, has James Forman, Jr., has noted that "[m]ass incarceration wasn't created overnight; its components were assembled piecemeal over a forty-year period."

This video explores the power of prosecutors to continue to drive mass incarceration — or end it. … There's no evidence that a  prosecutor today is any more punitive or aggressive than a prosecutor certainly in 1990 if not in 1970. So crime is going up we hire 3k, crime is going down we hire 10,000, 3x as many. Once again, that mirrors the Navy's JAG that supplies prosecutors, defenders and judges.A lot of places don’t even have a public defender’s office, too. Lawyers in the office are assigned to prosecute/defend case by case. Yes, I started Prosecutor Impact to fill a gap in the education and training of prosecutors so they can wield their incredible power in more informed  ways. "Lately, in cities and states across the country, tough-on-crime attorneys are being replaced by prosecutors campaigning on decarceration.Miriam Krinsky worked as a prosecutor for 15 years during the incarceration boom. 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. The mere fact that we have more people incarcerated than other countries doesn’t mean that we’re wrong. Her journey introduces readers to hearings and charging processes; inequitable cash bail and extortionate bail bond companies; “gun court”; diversion programs; “offender-funded justice”; life inside a women's prison; and assorted other hazards in the drawn-out ordeal that awaits defendants in the months and years following their arrest.Bazelon is a reliable guide to crime-control politics as well as to criminal procedure. As The police make arrests, pretrial service agencies recommend bond, prosecutors make charging decisions, defense lawyers defend (sometimes), juries adjudicate (in the rare case that doesn't plead), legislatures establish the sentence ranges, judges impose sentences within these ranges, corrections departments run prisons, probation and parole officers supervise released offenders, and so on. Prosecutors also have a judicially-enforced zone of discretion, within which they are free to act without fear of being overruled, even by the courts themselves.So if prosecutors want to make frequent use of statutory three-strike provisions, or seek particular sentence enhancements, or file higher charges rather than lower charges, or recommend against probation as a sentence, they can do so regardless of the impact on incarceration rates. Part 5. The decisions when taken together shape the landscape of our criminal justice system, have generational ripple effects in our communities, and drive the way we respond to survivors of crime.. Having been someone on the front lines of the buildup of mass incarceration, I was disappointed to see reform efforts focus on prosecutors and law enforcement as bad actors or malintents focused on the numbers of people we locked up.

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