With so much focus on keeping people out of jail and prison, what about work to improve life for the more than two million people already there? One group beginning to mobilize on the issue is prosecutors. Baltimore State’s Attorney Marilyn Mosby and Washington, D.C., Attorney General Karl Racine explain the “bright line” they see running from the overt racial control in America’s past to the disparities and dehumanizing practices behind bars today.
Rachel Barkow contends criminal justice policy is a “prisoner of politics,” driven by appeals to voters’ worst instincts and an aversion to evidence of what actually works. In her new book, the NYU law professor makes a provocative case for “freeing” criminal justice from the political imperative in order to achieve real reform.
On New Thinking, the well-known journalist and commentator Emily Bazelon talks about her new book, Charged, on the "movement to transform American prosecution," and where she thinks power might be shifting in the criminal justice system. Progressive prosecutors are very much a minority among elected D.A.s, but what if they could be the model for dismantling what Bazelon calls America's "giant machine of punishment"?
Rachael Rollins says she has seen the criminal justice system from "almost every angle." Now, as Boston's first female African-American district attorney, she's setting the agenda. On New Thinking, she explains her approach of "services not sentences" as a response to low-level "crimes of poverty" and the urgency of changing the traditional role of the prosecutor.
Like a number of cities across the U.S., New York City is in the midst of a remarkable, often contentious, debate about the future and purpose of its jails. New Thinking host Matt Watkins recently moderated a public discussion of the city’s pledge to replace its notorious Rikers Island jail complex with a series of smaller, modern facilities—located near courthouses, not on an isolated island. It's a shift the mayor says will end the era of mass incarceration in the city.
Fines and fees are capturing millions of Americans in a cycle of poverty and justice-involvement. Various states across the country charge you for use of a public defender, your monthly parole meetings, even a jury trial. And that’s in addition to the fines attached to a conviction. Fall behind on your payments and you could end up in jail. New Thinking talks to a judge who’s come up with a new approach, and to Alexes Harris, a leading researcher on how fines and fees are used across the country.
How can the recent victories of the campaign to elect reform-minded district attorneys be wedded to larger systemic change to ensure the movement’s gains outlast the next election? On the final episode of our Prosecutor Power series, the ACLU's Somil Trivedi says progressive D.A.s have to take the next step of campaigning to reduce their own power.
Alexandra Natapoff calls the misdemeanor justice system a "quiet behemoth": making up four of every five criminal cases in the U.S., neglected by scholars and reformers, and potentially harming those caught up in it for life. In Punishment Without Crime, she describes a system warped by financial incentives that acts as a leading engine of racial and social inequality. She also says the reforms are obvious, and already happening in pockets across the country.
The movement to elect reform-minded prosecutors has been around long enough and scored enough victories that progressive D.A.s now have their own support network: Fair and Just Prosecution. Miriam Krinsky, its executive director, explains why she thinks "starry-eyed idealists" who want to transform the justice system need to get the message that "the biggest difference they can make is to go and work in a prosecutor's office."
How effective is therapy or treatment when it's used instead of incarceration, and what are the challenges to conducting it inside the coercive context of the criminal justice system? New Thinking host Matt Watkins is joined by clinical psychologist Jacob Ham who works with justice-involved young people affected by trauma, and John Jay College's Deborah Koetzle who evaluates programs aiming to help participants rebuild lives outside of the justice system.