Progressive Prosecution

"The 2020 murder of George Floyd rocked nearly every aspect of American life and brought issues of police brutality to the forefront of public discourse. In the wake of his death and under extreme public pressure, many politicians, police chiefs, and court officials acknowledged the existence of systemic inequality in the fields of policing and criminal justice. However, with few exceptions, one actor within the justice system remained painfully silent: prosecutors. Progressive Prosecution both argues that this group should be at the forefront of calls for criminal justice reform and provides a guidebook for how this can be achieved. To date, little has been written that offers real guidance to District Attorneys and their staffs to help them shape a new culture within their offices dedicated to race-conscious practices and even-handed approaches. And even less has been written to educate a broader audience about the importance of a race-sensitive, community-based prosecution function in making real change in the criminal justice system and moving toward real justice. Progressive Prosecution offers both through a curated collection of chapters written by criminal justice experts and practicing District Attorneys focused on those components of prosecution policy and practice that deserve and demand radical rethinking. The book puts forth a radical new vision of prosecution: prosecutors must redefine the future of the criminal justice system"--

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.

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.

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.

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.

"Pfaff, let there be no doubt, is a reformer...Nonetheless, he believes that the standard story--popularized in particular by Michelle Alexander, in her influential book, The New Jim Crow--is false. We are desperately in need of reform, he insists, but we must reform the right things, and address the true problem."--Adam Gopnik, The New Yorker A groundbreaking examination of our system of imprisonment, revealing the true causes of mass incarceration as well as the best path to reform In the 1970s, the United States had an incarceration rate comparable to those of other liberal democracies-and that rate had held steady for over 100 years. Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point? Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations-the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons-tell us much less than we think. Pfaff urges us to look at other factors instead, including 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. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes-and why some people are violent in the first place. An authoritative, clear-eyed account of a national catastrophe, Locked In 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.

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?

To honour the extraordinary contribution of Professor Anthony Edward Bottoms to criminology and criminal justice, leading criminologists and penal scholars have been asked to contribute original essays on the wide range of areas in which he has written. The book starts by reflecting on the depth and breadth of Anthony's contribution and his melding of perspectives from moral philosophy, social theory, empirical social science research, and criminal justice. This is no ordinary collection, because it also contains a major essay by Anthony Bottoms, on Criminology and 'positive morality', reflecting on social order and social norms. In similar vein, Jonathan Jacobs approaches criminology from a moral philosophical viewpoint, whilst Ian Loader and Richard Sparks ponder social theory and contemporary criminology. Topically, Peter Neyroud reflects on evidence-based practice and the process of trying to do experiments in relation to policing. In the second section of the book on Crime, Justice, and Communities, Loraine Gelsthorpe reminds us that justice is about people, in considering the treatment of women in community justice. Joanna Shapland draws parallels between the process of desistance from crime and the potential role of restorative justice in affecting offenders' journeys. P.-O. Wikstrom reflects on the social ecology of crime, whilst Antje Du Bois Pedain considers the theoretical and practical challenges of sentencing constructively. Finally, the book turns to Anthony Bottoms' major interest in punishment and penal order. David Garland puts penal populism under the microscope, whilst Alison Liebling explores the empirical evidence for theories of penal legitimacy. Mike Nellis looks back at the use of the creative arts in prisons in Scotland's Barlinnie Unit, whilst Justice Tankebe explores police legitimacy.