Good Person, Good Prosecutor in 2018

Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?” I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018

The Necessity of the Good Person Prosecutor

In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor

Overlooked: Women and Jails in an Era of Reform

Since 1970, there has been a nearly five-fold increase in the number of people in U.S. jails—the approximately 3,000 county or municipality-run detention facilities that primarily hold people arrested but not yet convicted of a crime. Despite recent scrutiny from policymakers and the public, one aspect of this growth has received little attention: the shocking rise in the number of women in jail.Women in jail are the fastest growing correctional population in the country—increasing 14-fold between 1970 and 2014. Yet there is surprisingly little research on why so many more women wind up in jail today. This report examines what research does exist on women in jail in order to begin to reframe the conversation to include them. It offers a portrait of women in jail, explores how jail can deepen the societal disadvantages they face, and provides insight into what drives women's incarceration and ways to reverse the trend

Less is More in New York: An Examination of the Impact of State Parole Violations on Prison and Jail Populations

As the number of people in New York’s state prisons and local jails, including Rikers Island, has been declining, one population is on the rise – persons incarcerated for state parole violations. This, even as city and state leaders agree that the Rikers Island should close and that more attention should be paid to the parole violation issue. This research brief examines this issue in greater detail, focusing on its impact on New York City’s jail population at this critical time. It concludes with recommendations to reduce unnecessary incarceration of persons on parole as well as to shrink the overall parole population and focus parole supervision and supports on those who need it the most

Criminal Justice in the 21st Century: Allegheny County Courts and Probation

Criminal Justice in the 21st Century: Allegheny County Courts and Probation examines the structure, responsibilities, successes, and opportunities within Allegheny County's courts and probation department. The report highlights initiatives and innovations implemented by the Fifth Judicial District’s Criminal Division and key local data indicators. It also identifies current challenges within the county’s court and probation system and potential national best practices to address these challenges

Reducing Racial and Ethnic Disparities in Jails: Recommendations for Local Practice

People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial disparities in our jails, lays out common sense reforms to reduce this disparity, including increasing public defense representation for misdemeanor offenses, encouraging prosecutors to prioritize serious and violent offenses, limiting the use of pretrial detention, and requiring training to reduce racial bias for all those involved in running our justice system