Should Prosecutors Change the Way They Work?

Published for NC Criminal Law on March 07, 2019.

Advocates of criminal justice reform have called for numerous policy changes in recent years, including raising the age of juvenile jurisdiction, eliminating or reducing reliance on money bail, decreasing monetary penalties for poor defendants, ending license revocations as a sanction for failing to appear for court or pay monies owed, and abandoning mandatory minimum sentencing. Many have also advocated for a re-examination of the role of the prosecutor, suggesting that prosecutors could better channel their power and discretion to lessen racial disparities, reduce recidivism, rehabilitate offenders, and cut rates of incarceration. Two reports published last December focus on this re-envisioned prosecutorial function. The first, 21 Principles for the 21st Century Prosecutor, suggests practical steps that prosecutors can take to reduce incarceration and increase fairness. The second, Prosecutorial Attitudes, Perspectives, and Priorities: Insights from the Inside, explores what prosecutors in four prosecutorial districts think about definitions of success, office priorities, community engagement, and racial disparities. 21 Principles. This report was issued by Fair and Just Prosecution, with support from the Brennan Center for Justice and The Justice Collaborative.  All of these groups are, broadly speaking, advocates for criminal justice reform. The report’s recommendations are divided into two parts. The first ten recommendations are strategies designed to reduce incarceration. The next eleven are aimed at increasing fairness. Each recommendation is stated in broad terms, such as “Make Diversion the Rule,” followed by more specific examples such as “Don’t require defendants to admit guilt to participate if an admission isn’t needed to promote the [...]