News / The Fair And Just Journal
From TV to Reality: Reform Prosecution in Action
By Jovana Fitzgerald
Law and Order. SVU. Criminal Minds. All Rise. NCIS. For the People. TV shows shaped my understanding of what the criminal justice system looked like growing up. I understood the system to be dedicated to the community and supporting the victim. I was naïve in my understanding of the intricacies, complexities, and atrocities of the history and present implications of the criminal justice system. The system I believed existed cared about people, saw the potential in children, and desired to better the community. As I got older, I eventually realized this wasn’t the norm, but I refused to believe it didn’t exist.
When I decided to go to law school, I knew I wanted to be a prosecutor, with the intention of working for an office dedicated to creating a truly fair and just criminal justice system. During my 1L year when the time came to begin searching for summer opportunities, I sought an office that was working to make the criminal justice system that I imagined a reality. Then I came across Fair and Just Prosecution (“FJP”) – FJP is dedicated to assisting prosecutors across the United States actively working to reform our criminal justice system and pushing back against the “lock them all up” rhetoric. From the moment I came across FJP, I knew I wanted to get involved.
When the official offer letter arrived in my inbox, I was thrilled! I was on my way to support a prosecutor’s office in reshaping the criminal justice system. I had the privilege of being selected to serve in the Office of the Attorney General for the District of Columbia (“DC OAG”) under Attorney General Brian Schwalb. AG Schwalb is only the second elected Attorney General in the District, which meant I got to witness a newer system. The DC system is unique since it is within the federal district rather than a state, meaning the DC OAG’s jurisdiction is limited, and they are presently only able to try some misdemeanor adult cases and all juvenile crimes.
Over the summer, I served with the Public Safety Division, Juvenile Section. This meant I assisted with a wide variety of cases, from Simple Assault to Murder committed by children aged 17 and younger. The office did an incredible job showing me how to prepare for trial, craft plea deals, and serve the needs of the community by acknowledging that the juvenile was also a member of the community. Every attorney took the time to show me the ropes, took me along to witness every stage of a case, and included me as a part of the team. This summer solidified my desire to do this work, to advocate, and seek fair justice.
Two ways the reform work stood out to me were the Juvenile Behavioral Diversion Program (“JBDP”) and the Restorative Justice (“RJ”) department. JBDP is a diversion program for juveniles with a diagnosed mental health disorder. There are multiple tracks, but it offers young people the opportunity to get connected with local resources, such as mental health and education support, in a less formal environment. JBDP still takes place in the courthouse, but it is designed to aid youth in learning from their mistakes, obtaining behavioral support, and not falling into a pattern of criminal behavior. While at the DC OAG, I had the opportunity to attend a JBDP graduation, where I saw the impact the program had on a child’s life. Hearing all the stories of the child’s growth and seeing the excitement on their face as they received praise for their hard work and dedication was priceless. The child was not seen as the sum of their mistakes, but for the opportunities their future could hold.
The DC OAG is one of the only prosecutors’ offices with a Restorative Justice department in-house. The work this group does is incredible! They use well-researched practices to assist children who’ve committed crimes understand the impact of their decisions on those they’ve harmed. The individuals who work on the RJ team are passionate about serving the DC community, helping children be children, and reinforcing the importance of accountability with compassion.
This summer was more than I could have asked for! The DC OAG is working hard to change the system and make it more equitable in order to make the community safer. Being a federal district places many restrictions on the office’s ability to best serve the community, but they are working each day to show how truly impactful reform prosecution is.