Resources / Other Materials

Fair and Just Prosecution is a vocal advocate for criminal justice reform. Working with elected leaders — and through public statements, op-eds on timely issues, amicus (friend of the court) briefs in relevant cases, and research papers and reports on critical issues — FJP advances a vision of change aimed at promoting a fair, equitable, and compassionate criminal justice system.

FJP At A Glance

Click here to download a one page overview of the focus, goals, and activities of Fair and Just Prosecution.

21 Principles for the 21st Century Prosecutor

Fair and Just Prosecution (FJP) – in partnership with Yale Law School Senior Research Scholar Emily Bazelon, The Justice Collaborative and Brennan Center for Justice – coauthored 21 Principles for the 21st Century Prosecutor, a blueprint for elected prosecutors seeking to move away from past incarceration-based approaches and advance new pathways that promote equity, compassion and prevention-oriented responses within the criminal justice system. 21 Principles for the 21st Century Prosecutor offers concrete steps prosecutors can take to reduce incarceration, increase equity and fairness, and make communities safer and healthier.

“The 21st century prosecutor is focused on building a new vision for the justice system grounded in fairness, compassion and common sense.”
FJP EXECUTIVE DIRECTOR MIRIAM KRINSKY

How the Biden-Harris Administration Can Advance Criminal Justice Reform

After a year and election cycle that brought unprecedented progress for reform-minded prosecution, fair drug policy, and better policing practices, President-Elect Joe Biden and Vice President-Elect Kamala Harris will enter office with a mandate to transform the justice system. In “How the Biden-Harris Administration Can Advance Criminal Justice Reform: 13 Recommendations for Change and Federal Engagement,” we lay out key ways the new administration can take action to make progress towards the justice system that Americans overwhelmingly demand and that all communities in our nation deserve.

“This transition comes at a time when our nation, and particularly communities of color, have been devastated by the ongoing COVID-19 pandemic…. At the same time, the tragic deaths of George Floyd and so many others at the hands of police have heightened the need to address – once and for all – the systemic racism that pervades all parts of our criminal legal system. These intersecting crises underscore the need to bring new thinking, and leadership, to criminal justice reform.”

Blueprint for Police Accountability and Reform

To create a system of justice that lives up to its name, we can no longer tinker around the edges. We require structural change that fundamentally reimagines the role of police and prosecutors and shift resources away from punitive criminal justice responses that have fueled mass incarceration, and instead invest in communities and services that promote both public safety and wellbeing and enable everyone to thrive. With this in mind, Fair and Just Prosecution’s Blueprint for Police Accountability and Reform outlines concrete policy recommendations that elected officials, chief prosecutors, law enforcement heads, and other leaders must embrace to address police misconduct and racial injustice.

“Combatting the racism interwoven throughout our nation’s justice system demands the immediate adoption of concrete and systemic reforms that will reset our priorities and our justice system.”

Conviction Integrity Units: Vehicles for Justice and Accountability

The over 21,000 years exonerees collectively spent behind bars is hard to reconcile with a system that we entrust to promote fairness and produce just outcomes. That is why a growing number of elected prosecutors have created Conviction Integrity Units (CIUs) that further a prosecutor’s fundamental duty to seek justice. In FJP’s Conviction Integrity and Review Statement of Principles we outline best practices for creating and operating a CIU that can effectively identify and correct past injustices and help to prevent future wrongful convictions, while strengthening community trust in the integrity and ability of our system to deliver justice.

“The obligation of every prosecutor is to pursue justice, an obligation that cannot be met if the public lacks confidence in the integrity of criminal convictions.”
St. Louis County, MO Prosecuting Attorney Wesley Bell

FJP Testimony on How Prosecutors Can Reduce Racial Disparities in the Justice System

On April 2, FJP Director of Innovations and Site Learning Liz Komar testified before the U.S Commission on Civil Rights’ Connecticut State Advisory Committee on the prevalence of racial disparities in the justice system and how prosecutors can use data science and diversion to improve equity and public safety outcomes. Read the testimony here.

“In the realm of prosecutorial reform, the interests of safety and equity align. FJP works with a new wave of prosecutors who recognize that starting point and are modeling how safety is furthered by — and never needs to be at the expense of — justice and fairness.”
FJP DIRECTOR OF INNOVATIONS AND SITE LEARNING LIZ KOMAR

Prosecutors and Law Enforcement Leaders File Amicus Briefs Pushing Back Against Local Entanglement in Federal Immigration Enforcement

Dozens of prominent elected prosecutors and law enforcement leaders filed briefs in Chicago, California and Los Angeles cases challenging federal grant conditions that seek to involve local law enforcement in immigration enforcement duties. Read the press releases here and here.

Statement Regarding Florida Supreme Court Ruling in Ayala v. ScottStanding Up for Prosecutorial Independence

FJP issued a statement supporting 9th Judicial Circuit (Orlando, FL) State Attorney Aramis Ayala’s prerogative as an elected prosecutor to exercise her prosecutorial discretion to determine whether or not to pursue a given punishment, including with the death penalty.

Open Letter to Attorney General Jeff Sessions Regarding Charging and Pleading Practices

Over 30 current and former elected criminal justice officials representing over 30 million Americans sent an open letter to Attorney General Sessions expressing concern that a return to failed “tough on crime” practices would increase incarceration without making our communities safer. See the press release here.

“Our justice system isn’t suffering from sentences that are too short, but rather from inequities that have resulted in a loss of confidence and trust among communities most impacted by crime.”
King County (Seattle, WA) Prosecuting Attorney Dan Satterberg

Amicus Brief on the Need for Bail Reform

Nearly 70 current and former elected prosecutors — including 16 current elected DAs and AGs and officials from over 30 states — filed a brief supporting litigation challenging cash bail practices in Harris County, Texas and arguing that detaining poor misdemeanor defendants pending trial, solely due to an inability to post bail, erodes community trust and does not further public safety. Read the press release here and the brief here.

“A new generation of prosecutive leaders … is increasingly speaking out regarding the need for a justice system that doesn’t treat individuals differently based on economic status.”
Miriam Krinsky, FJP Executive Director

Amicus Brief on Prosecutorial Independence

More than 40 current and former elected prosecutors and criminal justice officials filed an amicus brief in support of 9th Judicial Circuit (Orlando, FL) State Attorney Aramis Ayala’s exercise of prosecutorial discretion in deciding whether or not to seek the death penalty. Read the press release here and the Amicus Brief here.

Diversion Strategies, Programs and Principles – A National Scan

This FJP compendium offers guiding principles for implementing alternatives to incarceration and developing diversion programs. The brief lists a sampling of programs currently in use across the country. When tailored to a jurisdiction’s unique needs, these programs can reduce criminal justice costs, limit unnecessary individual contacts with the justice system, and reduce the potentially harmful long-term consequences of such contacts, while also enhancing public safety.

Moving Away from Punitive Practices and Toward Restorative Justice

Prosecutors have the power to heal communities by embracing restorative justice, which balances accountability, compassion and equity. In this New York Law School Law Review article, FJP’s Miriam Krinsky and Taylor Phares explore the promise of restorative justice approaches—including facilitated conversations between harmed and responsible parties—as an alternative to the justice system and an effective way for prosecutors to deliver what carceral approaches often fail to accomplish: healing of victims, a deepened sense of personal accountability, and stronger bonds of trust with communities.

“The job of a district attorney… [is] more than simply punishing people who commit crimes. It requires engaging with communities to determine what safety and justice mean for them, identifying the most effective ways to hold accountable those who do harm, giving victims a sense of justice and healing, and promoting strong, healthy communities.”
– Kings County (Brooklyn), Ny District Attorney Eric Gonzalez