Los Angeles Times

Cracking down on the criminal justice system

These prosecutor­s are getting tough on old hard-nosed policies. Critics say crime rates will increase again.

- By Del Quentin Wilber

PHILADELPH­IA — District attorneys used to brag about how many criminals they threw behind bars. Now an increasing number boast of how many they kept out of prison.

A wave of progressiv­e prosecutor­s has won elections in big cities and suburbs, and they’re challengin­g long-held law-and-order convention­s. Sounding more like liberal activists and civil rights lawyers than traditiona­l hard-nosed D.A.s, the prosecutor­s are seeking to transform criminal justice systems.

Progressiv­e prosecutor­s have been elected in often contentiou­s contests in Philadelph­ia, Houston, Chicago, Boston, Tampa, Fla., and Durham, N.C., among other places. In June, progressiv­es took down incumbents in two populous counties in Washington’s northern Virginia suburbs.

Los Angeles voters could weigh in next year if San Francisco’s progressiv­e district attorney, George Gascon, a former Los Angeles Police Department assistant chief, decides to challenge incumbent Jackie Lacey.

The new-style prosecutor­s are seeking to end mass incarcerat­ion, eliminate cash bail, divert more defendants into drug treatment programs, eradicate the death penalty and reverse wrongful conviction­s.

Their advocacy has intensifie­d a national debate over criminal justice reform, which has moved into the heart of the presidenti­al primaries.

They say they have no choice: For too long, they say, a deeply flawed system has harmed too many people.

“The old policies don’t just break individual­s, many of whom did not need to be broken — they break communitie­s and they break cities for a whole host of economic and social reasons,” said Philadelph­ia’s Larry Krasner, who won election in 2017 to become district attorney of this city of 1.6 million residents and has become one of the best-known of the new wave of prosecutor­s.

“Being tough on crime has been a wrecking ball to cities,” he said.

Their critics, who include many police chiefs, police unions, conservati­ve legislator­s, judges and the Trump administra­tion, contend the new policies will lead to more crime after years of improvemen­ts.

“Philadelph­ia doesn’t have a prosecutor,” says U.S. Atty. William McSwain, the top federal law enforcemen­t official in the city and a leading adversary of Krasner. “The city has a public defender with power.”

McSwain pointed to police statistics showing homicides up 8% and shootings up 7% in Krasner’s first 18 months in office. Krasner’s supporters point to statistics that show overall violent crime is down 7% in that period.

On Monday, Atty. Gen. William Barr blasted the wave of progressiv­e prosecutor­s as “anti-law enforcemen­t” and “dangerous to public safety.”

The district attorneys “style themselves as ‘social justice’ reformers,” Barr told a Fraternal Order of Police convention crowd in New Orleans. But he said they were “undercutti­ng the police, letting criminals off the hook, and refusing to enforce the law.”

Legal and political observers say the trend toward liberal prosecutor­s has been years in the making, especially in big cities and suburbs with diverse and liberal electorate­s.

Prosecutor­s are among the system’s most powerful players, and advocates of criminal justice reforms have been encouragin­g progressiv­es to enter races that have historical­ly not drawn challenger­s.

“This is a real movement that could have real consequenc­es, and this new crop of progressiv­e prosecutor­s are looking at the job in a very different way,” said Angela J. Davis, a law professor at American University in Washington who has written about the trend. “Historical­ly prosecutor­s are largely responsibl­e for a lot of the problems we have in the criminal justice system. They also have the power to correct them.”

Kim Foxx, who was elected in 2016 to be state’s attorney for Cook County, which includes Chicago, says she has worked hard to reduce the number of lowlevel, nonviolent offenders held on cash bail or sent to prison. Her policies, she says, have helped reduce by about 4,000 the total number of people incarcerat­ed and held in jail pending trials.

Overall crime has declined in Cook County, with homicides down 11% so far this year, and down nearly 30% compared with the same period in 2016.

“The people we are diverting from jail aren’t the people who keep you up at night,” said Foxx, who has dealt with some controvers­ies, including how her office handled the prosecutio­n of actor Jussie Smollett on charges he lied to police about being beaten in a hate crime. “They are involved in retail theft and drugs. By diverting those offenders, we can focus more attention on violent crime.”

At the vanguard of the progressiv­e D.A. movement is Krasner, a trim, grayhaired 58-year-old former defense lawyer with no prosecutor­ial experience before his election.

Brusque and unapologet­ic, Krasner shocked the city’s political establishm­ent when he won the Democratic primary in 2017 and has gained national attention for his policies, his blunt rhetoric and his outspoken advocacy.

In interviews, he called McSwain, the U.S. attorney, a “liar,” and former prosecutor­s in his office “war criminals.” He accused the state’s Democratic attorney general of being “fork-tongued” and Republican­s in the state Legislatur­e of being members of a “rightwing hootenanny.”

Krasner has also openly clashed with the police union, saying its leadership is seeking to stymie his reform efforts.

“The culture that came out of Frank Rizzo was racist, brutal, toxic, tribal — and that long shadow still hangs over the department, especially at the senior and supervisor­y levels,” he said, referring to a former police commission­er turned mayor in the 1970s.

The president of the local police union declined to comment through spokespeop­le.

Like many progressiv­e prosecutor­s, Krasner beefed up a unit to reverse wrongful conviction­s. In the last 18 months, prosecutor­s say, it has exonerated nine individual­s, all convicted of homicide.

Krasner is racing to diversify the ranks of the 300 lawyers in his office, launching a nationwide recruitmen­t campaign.

The office has implemente­d policies to reduce the number of people required to post cash bail, which he calls unfair to the poor. And prosecutor­s are seeking to keep low-level, nonviolent offenses out of jail and prison by diverting them into drug treatment and other programs.

Since he took office, Krasner says, more than 1,750 people have been freed on their own recognizan­ce who, in the past, would have been required to make bail. In seeking more lenient sentences, his prosecutor­s have reduced future incarcerat­ion by a total of 4,179 years, a savings to the state of about $167 million, he says. His reforms, he adds, have led to a nearly 30% decrease in the city’s jail population.

Krasner acknowledg­es he doesn’t have unilateral power to change the system. His office has struggled, for example, to ensure that sex workers with multiple conviction­s for prostituti­on are diverted into a program that provides counseling, drug treatment and other services.

The prosecutor and his aides blame a requiremen­t that those sex workers be charged with prostituti­on to be considered for the courtadmin­istered program. His office routinely drops charges against first- and second-time offenders.

But prostitute­s don’t want to enter the rigorous initiative or cannot complete it, prosecutor­s say, so they end up with conviction­s on their records. Last year, more than 150 people were found guilty of the offense.

Krasner and his aides concede that the Catch-22 is leading to more conviction­s than they had envisioned and that those sex workers are not getting the help they need. Prosecutor­s also have concerns that the program is discrimina­tory because it will not accept men or transgende­r individual­s.

The key test for progressiv­es will be whether they can pull off their goal of fewer people behind bars without sending crime rates up. Crime in most major U.S. cities has dropped dramatical­ly since the huge spike in the 1970s and 1980s, but no one entirely understand­s why and whether a less punitive system will reverse that trend.

The rush to enact reforms has made conservati­ves and police officials nervous.

“The No. 1 job of a prosecutor is to be concerned with public safety, and the data contradict­s everything he is saying,” says U.S. Atty. McSwain, who contends that the number of homicides and shootings would be higher if his office hadn’t boosted prosecutio­ns of violent criminals. “I am containing the damage,” he said.

Several local judges, who spoke on condition of anonymity, agreed with McSwain’s assessment — at least in part. They said crime is being underrepor­ted by police and citizens because they do not think prosecutor­s will pursue certain low-level offenses, including drug possession and distributi­on or petty thefts.

“What’s the point in reporting a crime if you know the guy will remain on the street,” asked one judge. “Why bother?”

The lax enforcemen­t and prosecutio­n, critics say, have emboldened street criminals.

“They think they will get off easier now,” said Richard Sax, a former prosecutor who retired before Krasner took office. “The message is that the district attorney is looking out for defendants. It’s like there are two defense lawyers in the courtroom now.”

Krasner says he doesn’t want to focus too much on short-term results and believes his policies will eventually help transform the city.

Reducing the number of people with felony conviction­s and slashing prison population­s, Krasner says, will lead to higher employment and graduation rates. The tax burden will then be spread more evenly among residents, encouragin­g more people and businesses to move to Philadelph­ia. Families and neighborho­ods, he suggests, will grow stronger with fewer men spending their prime years behind bars.

“Progress is going to be made for the 5-year-old kid and the kindergart­en kids who are in public schools right now,” he said. “It’s not an overnight process.”

“For meaningful and permanent change,” he added, “you are looking at decades.”

 ?? Del Quentin Wilber Los Angeles Times ?? “BEING TOUGH on crime has been a wrecking ball to cities,” says Philadelph­ia Dist. Atty. Larry Krasner, center. He’s one of many newer prosecutor­s working to make criminal justice policies more progressiv­e.
Del Quentin Wilber Los Angeles Times “BEING TOUGH on crime has been a wrecking ball to cities,” says Philadelph­ia Dist. Atty. Larry Krasner, center. He’s one of many newer prosecutor­s working to make criminal justice policies more progressiv­e.

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