The
vast majority of elected prosecutors in America are white,
particularly white men, which stands as a barrier to equal justice
and an engine of mass incarceration. For years, overzealous
prosecutors have maintained a tough-on-crime stance with
overcharging, over-prosecuting and plea bargaining — which
account for 95
percent
of all criminal convictions — and have ruined lives in the
process. However, a new generation of reform-minded Black district
attorneys, state’s attorneys and county prosecutors emanating
from the community has infiltrated the white-dominated field, charged
with the task of changing a criminal justice system that has
disproportionately impacted Black people.
A
most recent example of the change underway is in Missouri’s St.
Louis County, where Wesley Bell, the newly minted and first Black
county prosecutor in his jurisdiction, terminated assistant
prosecutor Kathi
Alizadeh.
Alizadeh was responsible for the grand jury that failed to indict
Ferguson police officer Darren Wilson in the 2014 shooting death of
Michael
Brown.
Bell — who had been elected to the Ferguson
City Council
in 2015 in the aftermath of the Brown killing and the ensuing
protests — unseated 28-year incumbent Robert McCulloch in the
August 2018 Democratic primary for the top prosecutor in St. Louis
County.
Among
the new
policies
that Bell has instituted are refusing to overcharge defendants in an
effort to pressure them to admit guilt, no longer coercing witnesses
to testify, and requiring prosecutors to share with the defense the
entire contents of a criminal case file. Further, Bell will no longer
prosecute cases involving fewer than 100 grams of marijuana, will not
seek cash bail in misdemeanor cases, and will not prosecute child
support cases.
Similarly,
in Boston, Rachael Rollins became the first Black woman district
attorney in Massachusetts when she was recently elected as Suffolk
District Attorney. This after 16-year incumbent Dan Conley decided
not to seek reelection. Rollins came into office with a promise to
shake
up the existing order
by decriminalizing a number of offenses and viewing jail only as a
last resort. “With respect to these 15 misdemeanors that are
nonviolent, more quality-of-life crimes … I believe we can
hold people accountable without sending them to jail,” Rollins
said.
The
former federal prosecutor has faced resistance from law enforcement
groups, including the National Police Association — which has
filed an ethics complaint against her for what they call “reckless
disregard” of the state’s laws — and the Boston
Police Patrolman’s Association for declining to prosecute
numerous nonviolent property offenses. Her list of 15 crimes, which
she formulated after discussions with judges and prosecutors,
includes property damage, shoplifting, drug possession and possession
with intent to distribute, have caused her critics to label her as
soft on crime. In addition, Rollins’ reform-mindedness has
extended to immigration, with an investigation of ICE officers
arresting and taking undocumented immigrants into custody during
court hearings for matters unrelated to their immigration status.
On
the state level, New York City public advocate Letitia James made
history when she became the first Black and first woman attorney
general of New York. As the top law enforcement official in the
nation’s financial capital and the home of Donald Trump, James
threatens
to become as much of a threat
to the “illegitimate president” and his family members
for their alleged financial dealings as special counsel Robert
Mueller. James promises broad investigations into Trump. And former
U.S. Rep. Keith Ellison, the first Muslim member of Congress and
former chair of the Congressional Progressive Caucus, recently won as
Minnesota attorney general, running on a populist platform as a civil
rights champion who would take on Trump directly for his excesses,
and a protector of the rights of workers and consumers, and the
environment.
These
newly elected Black prosecutors come on the heels of other
progressive Black district attorneys coming to power, such as
Orange-Osceola County State Attorney Aramis
Ayala,
who opposes the death penalty in her home state of Florida; Baltimore
State Attorney Marilyn
Mosby,
who indicted the officers in the killing of Freddie Gray, and Cook
County State’s Attorney Kim
Foxx,
who has sought justice for the wrongfully convicted in Chicago.
In
Philadelphia, former civil rights and criminal defense attorney Larry
Krasner received the support of Black Lives Matter to become district
attorney. A white lawyer who had sued the police 75 times and was
elected on a criminal justice platform against the death penalty,
mass incarceration and civil asset forfeiture, Krasner disrupted the
normal order of things when he cleaned house and immediately fired
31 career staff
after assuming his new role.
A
look at the national landscape brings into focus the importance of
having Black prosecutors in office. According to the Reflective
Democracy Campaign, 95
percent
of the more than 2,400 elected prosecutors across the country are
white — 85 percent of whom run unopposed — and 79 percent
are white men. Meanwhile, only 4 percent are men of color, and 1
percent are women of color. Further, 85 percent of lawyers are white,
and judges are a predominantly white-male proposition, in a criminal
justice system in which Black people are disproportionately and
predominantly ensnared. The most powerful actors in the criminal
justice system, prosecutors decide whom to charge, whom to send to
prison and for how long. The failure and unwillingness of prosecutors
to indict police officers for the killing of Black people in custody
has brought the role of this position in perspective.
The
rise of the Black reform-minded district attorney in a number of
jurisdictions is evidence that things are starting to change, as the
effort to dismantle mass incarceration and remedy the racial
injustices of the legal system begins in earnest.
|