Elected prosecutors play a critical role in ensuring fair and free elections\u2014the essential building blocks of our democracy\u2014and guarding against interference with the right to vote. In an era of misinformation, increased voter intimidation, and rising incidents of political violence, ensuring public trust in democracy, the rule of law, the integrity of our government, and the electoral process is essential for public safety. FJP\u2019s\u00a0Resource Guide<\/a>\u00a0recounts steps local prosecutors can and should take to encourage eligible voters to exercise their constitutional right to vote; educate the public on the voting process; and work with community leaders and law enforcement officials to combat voter intimidation, misinformation, and political violence.<\/p>\n \u201cIf people don\u2019t trust the voting process, or feel that their rights are being undermined, they won\u2019t trust the government or the rule of law.\u201d Ensuring that all members of our communities feel safe to report crimes and assist in investigations is crucial to promoting public safety, yet many within immigrant communities do not trust law enforcement and live in fear that sharing information could lead to an inquiry into their own documentation status or that of their loved ones. This FJP \u201cIssues at a Glance\u201d brief<\/a> explains how prosecutors can implement fair and effective policies around U visas, which grant temporary legal status to qualifying witnesses and survivors of crime to encourage cooperation with law enforcement efforts and improve relationships with noncitizens in our communities.<\/p>\n \u201cWe now work in an atmosphere of fear and intimidation that discourages victims and People with mental illness are overrepresented throughout the justice system despite clear evidence that the vast majority of individuals who struggle with these issues need help, not a jail bed, and pose no threat to their communities. But without robust mental health crisis response systems and investments in alternatives to incarceration, police are often unnecessarily called to respond to mental health crises and prosecutors resort to overly carceral and punitive approaches. This FJP toolkit<\/a> provides recommendations and useful resources for DAs interested in promoting compassionate, effective, and tested innovations and strategies to improve the justice system\u2019s response to individuals with mental illness.<\/p>\n \u201cThe jail is not the place to deal with mental health\u2026 This is not what it was built for.\u201d Drug-induced homicide prosecutions have increased greatly in the past decade in an unsuccessful effort to quell our nation\u2019s overdose crisis. DIH cases charge individuals with homicide when they supply drugs that result in a fatal overdose, regardless of intent. Our issue brief<\/a> explains why DIH prosecutions are ineffective and can actually exacerbate our nation\u2019s overdose epidemic and discourage seeking help at a critical moment. It also recounts how prosecutors can adopt harm reduction approaches to substance use that save lives and promote public safety.<\/p>\n \u201cI need the friends and roommates and cousins and dorm mates, I need them calling 911 immediately and I need that message to be clear. I need them to be reassured that I\u2019m not going to throw a homicide charge against them for doing so.\u201d Unlike in much of the United States, the German justice system responds to crimes committed by young people in ways that are developmentally appropriate, center on rehabilitation, and resort to incarceration only in limited circumstances and when absolutely necessary. Our issue brief<\/a> explores what we can learn from the German juvenile justice system and provides a roadmap for elected prosecutors to enact reforms that will ensure the American criminal legal system treats children like children.<\/p>\n \u201cWe must increase options to positively and successfully divert young people away from the juvenile justice system\u2026. We can give our youth a second chance by providing them with a positive and strong support system within our overall criminal justice system.\u201d Around 97% of federal convictions and 94% of state felony convictions are obtained through a guilty plea, but plea bargaining often involves coercive tactics that have fueled over-incarceration, and the plea process has hardly any oversight in the United States. This \u201cIssues at a Glance\u2019 brief<\/a> from FJP and Fair Trials describes how elected prosecutors can take immediate action to ensure their offices\u2019 plea bargaining practices promote and protect due process, fairness, and transparency. For more, read the release<\/a> on this brief.<\/p>\n \u201cWe are not going to overcharge…. We are not going to try to coerce defendants. We are going to proceed on charges that are supported by the facts in the case, period. The era of trying to get away with the highest charge regardless of the facts is over.\u201d Without proper protections, interrogations of children can have serious and harmful ramifications, including coerced and false confessions, wrongful convictions, trauma to young people, and inadmissible evidence obtained through improper interrogations. This \u201cIssues at a Glance\u201d brief<\/a> outlines relevant research, emerging reforms, and best practices regarding the interrogation of children, as well as guidance and a model policy for law enforcement, prosecutors, and policymakers to use in putting these principles and recommendations into practice. For more, read the release<\/a> on this brief.<\/p>\n \u201cCoercive interrogation practices…are especially problematic with young people. We must treat children as children, and policymakers, police & prosecutors need to take a stand to end these cruel and dangerous practices.\u201d Police accountability requires systemic change and should start with empowering communities and putting responsibility for oversight in the hands of the people. FJP\u2019s new “Statement of Principles”<\/a> provides insight for elected prosecutors and other justice system stakeholders on how to achieve effective civilian oversight of law enforcement, which can help strengthen fractured relationships with law enforcement and begin to fortify bonds of trust that are integral to promoting public safety.<\/p>\n \u201cPublic safety is enhanced when there is trust and cooperation between law enforcement and the communities that we serve.\u201d For the last 30 years, the primary way in which the criminal legal system has attempted to connect people with substance use disorders to treatment is via drug courts. This \u201cIssues at a Glance\u201d brief<\/a> examines mounting concerns with drug courts and factors elected prosecutors should consider in assessing whether drug courts are promoting harm reduction outcomes or, instead, exacerbating cycles of incarceration for drug use.<\/p>\n \u201cProsecutors have an obligation to protect the health and safety of every member of the community, but we have been hampered by a system that looks to outdated criminal justice responses to address substance use, rather than the public health strategies we know work.\u201d As prosecutors pursue critical decarceral strategies in response to the threat posed by COVID-19, they should simultaneously take steps to ensure that people who remain in custody receive recommended public health protections, access needed treatment and healthcare, and are afforded their full constitutional rights. This \u201cIssues at a Glance\u201d brief<\/a> examines how prosecutors can promote these steps in partnership with community and correctional leaders, justice system stakeholders, and public health officials, and spotlights examples of prosecutorial leadership and innovation on these issues.<\/p>\n \u201cAn outbreak of COVID-19 behind bars risks overwhelming our already taxed medical providers, puts incarcerated individuals at fatal risk, and endangers correctional officers and staff\u2026. The interplay between public health and public safety has never been more apparent.\u201d No children belong in prison – especially during a pandemic. Conditions were poor in youth correctional facilities prior to the onset of the coronavirus virus, but now young people behind bars face additional trauma, medical risk, and dangerous isolation. While significant progress has been made in reducing the number of children who are incarcerated, far too many children remain locked up. Prosecutors have a mission to promote safe and healthy communities, and that includes protecting children who come into contact with the criminal legal system. Read more about what District Attorneys have done and can do to protect young people in this \u201cIssue at a Glance\u201d brief<\/a>.<\/p>\n \u201cIf we can safely keep kids in the community with COVID, why can\u2019t we do it without COVID?\u201d The spread of COVID-19 in prisons and jails across the US puts the health and safety of communities everywhere at risk. In this \u201cIssues at a Glance\u201d brief<\/a>, FJP examines the important role prosecutors can play in mitigating this public health crisis by reducing jail and prison populations not only in the immediate term \u2013 when lives are at stake and the death toll is mounting \u2013 but also into the future. The brief offers concrete recommendations for how prosecutors can promote these approaches and spotlights specific examples of actions taken by elected prosecutors around the nation to protect the health and safety of all members of their community.<\/p>\n \u201cWe all have a responsibility to try to stem the spread of COVID-19. Releasing individuals who do not pose a danger to the public can prevent them from being exposed in prison, create a safer environment for those who remain there, and help protect our entire community during this pandemic.\u201d The U.S. incarceration rate is nine times that of Germany \u2013 and we have the highest rate of incarceration in the world. Last year, Fair and Just Prosecution traveled to Germany with a group of elected U.S. prosecutors to meet with law enforcement leaders, experts, and advocates to learn how Germany achieves a low incarceration rate and limits collateral consequences of convictions, while protecting public safety and human dignity. Read more about lessons to be learned from Germany\u2019s sensible and proven approach to incarceration in our new issue at a glance brief here<\/a>.<\/p>\n \u201cThe number one thing I learned… \u2014 that I already knew but is driven home when you go somewhere else \u2014 is how punitive we are in the United States. We really like to punish people and we think of that almost as a virtue.\u201d We know that long sentences do not improve public safety, and in many cases do just the opposite. Yet, for decades in America \u201ctough-on-crime\u201d politics resulted in decades long sentences out of step with the rest of the world. As we envision a new criminal justice system, prosecutors have a duty to proactively revisit and address extreme sentences that people are currently serving and push for second chances. This FJP \u201cIssues at a Glance\u201d brief<\/a> discusses the rationale for these reforms and provides recommendations for elected prosecutors to implement to seek relief in individual cases and also advance broader reforms aimed at expanding opportunities for equitable sentence\u00a0reductions and second chances for people who can safely return to the community.<\/p>\n “I think a prosecutor has a continuing obligation to justice, past the sentencing date…We have to be willing to roll up our sleeves, look through the files of old cases, and really…compare them to our contemporary law and practice.\u201d For two decades, countries like Portugal and Canada have recognized the ineffectiveness of criminal justice responses to substance use. Instead they\u2019ve embraced harm reduction approaches that save lives while respecting the dignity of people who use drugs. It\u2019s time for the United States and elected prosecutors to follow suit. This FJP \u201cIssues at a Glance\u201d brief<\/a> offers an introduction to harm reduction for criminal justice leaders, highlights existing harm reduction programs, and suggests a new way forward to prevent overdoses, reduce incarceration, and ultimately save lives.<\/p>\n \u201cThis is a public health crisis, and… [w]e can use our discretion to ensure that the criminal justice system doesn’t punish people who need help…and we can push for solutions that are grounded in compassion and evidence.\u201d Research shows that young adult brains are different and the period from 18 to 24 is a critical window of opportunity for lasting change that shouldn\u2019t be squandered. It also tells us most adolescents and young adults will age out of criminal conduct, with or without justice system intervention, and that incarceration negatively impact this natural process. This FJP \u201cIssues at a Glance\u201d brief<\/a> offers models of reform from across the country and recommendations to help prosecutors implement proven, compassionate approaches that give young people the support they need to be productive members of our communities.<\/p>\n \u201cThe evidence is clear: Children and young adults are different, the justice system must do better, and prosecutors can lead the way.\u201d Individuals with mental illness are significantly over-represented at every stage of the justice system. This FJP “Issues at a Glance” brief<\/a> offers recommendations to prosecutors committed to improving responses to individuals with mental illness, increasing diversion, and reducing incarceration.<\/p>\n \u201cThere is a public health crisis in our nation surrounding mental health in the justice system. People\u2019s lives hang in the balance. Our communities need their leaders to get in this fight.\u201d There are numerous opportunities for prosecutors to reduce the number of individuals with mental illness in the criminal justice system. This companion FJP \u201cIssues at a Glance\u201d brief<\/a> on mental health offers implementation strategies, as well as examples and practices from around the nation, that model public health responses and cross-system interventions that can avoid criminalizing mental illness.<\/p>\n Community prosecution models prioritize strengthening links to the community<\/em>, promoting partnerships<\/em>, and encouraging the development of problem-solving strategies<\/em> to enhance public health and safety. This FJP \u201cIssues at a Glance\u201d brief<\/a>\u00a0highlights key principles and important considerations for developing community engagement and outreach \u2013 practices often referred to as \u201ccommunity prosecution.\u201d<\/p>\n \u201cCommunity members should be able to see the tangible impact of the justice system on their streets and to participate more deeply in shaping criminal justice solutions.\u201d Though they may look different in different jurisdictions, community prosecution programs take into consideration the unique history, needs, and resources of particular neighborhoods to help address community problems and concerns.\u00a0This FJP \u201cIssues at a Glance\u201d brief<\/a> provides a snapshot of community prosecution models from around the nation and also sets forth concrete recommendations for DAs interested in developing community prosecution programs and approaches.<\/p>\n \u201cIf [residents are] developing a relationship that is so close that they\u2019re looking at this person as somebody that gets problems solved, and not as a traditional prosecutor\u2026 that\u2019s when you know the concept is working.\u201d Discovery practices have a profound effect on ensuring fair case outcomes, expeditious resolution of cases, enhanced police accountability, and compliance with constitutional mandates. This FJP \u201cIssues at a Glance\u201d brief<\/a>\u00a0outlines how prosecution and defense alike benefit from open and early discovery. The brief offers a range of tools — from simple checklists to electronic Brady<\/em> databases, to supervision and random audits — to ensure prosecutors share all relevant information in a timely and efficient manner, ultimately improving trust and accountability in the justice system.<\/p>\n \u201cIt\u2019s very unjust to put defendants in a position where their lawyer can\u2019t protect them because they don\u2019t know what the state has.<\/em>\u201d Trust between the community and the prosecutor\u2019s office is essential to the legitimacy and moral credibility of the justice system. This FJP \u201cIssues at a Glance\u201d brief<\/a> discusses promising restorative justice practices and actionable strategies that have been shown to have a positive impact on building and fortifying community trust. Restorative justice seeks to repair the harm caused by an offense to victims and the community, while also advancing a deeper understanding by the individual of the consequences of his or her conduct. Read how prosecutors are using restorative justice practices as a way to better serve the community and to bolster public safety.<\/p>\n \u201cI think the modern prosecutor has to recognize the humanity behind every case file.\u201d Fines and fees can impose immense burdens on\u00a0justice-involved individuals, their families,\u00a0and the governments tasked with\u00a0collecting them. Instead of advancing public safety and\u00a0increasing revenue,\u00a0these charges can increase the likelihood of re-arrest and cost\u00a0jurisdictions far\u00a0more than the revenue they bring in.\u00a0This FJP \u201cIssues at a Glance\u201d brief\u00a0<\/a>details the\u00a0latest research on fines and fees and\u00a0suggests\u00a0concrete steps prosecutors can take to address\u00a0this \u201cpoverty penalty\u201d by\u00a0changing office\u00a0policies and practices and advocating for legal\u00a0reform.<\/span><\/p>\n \u201cIt is time to live up to the guarantees of due process and\u00a0equal protection enshrined in\u00a0our Constitution and ensure fines and fees are\u00a0reasonable, proportionate, and\u00a0transparent.\u201d Effective \u201cConviction Integrity Units\u201d (CIUs) and other internal accountability mechanisms are a key part not only of reviewing potentially wrongful convictions, but also of learning from past errors and reducing the likelihood of future problems. This FJP “Issues at a Glance” brief<\/a> addresses how prosecutors can improve office culture, strengthen community trust, and achieve the highest possible integrity in case outcomes by creating effective CIUs and implementing other policies that enhance transparency and accountability.\u00a0And this FJP \u201cStatement of Principles\u201d<\/a> outlines best practices for creating and operating a CIU that identifies and corrects past injustices.<\/p>\n \u201cWrongful convictions are contrary to the very essence of our system. We make mistakes and it\u2019s important to study those mistakes to do our jobs better.\u201d Prosecuting attorneys\u2019 relationship to local law enforcement, including their response to allegations of officer misconduct, is an area of profound community concern and increasing public scrutiny. This FJP \u201cIssues at a Glance\u201d brief<\/a> addresses how prosecuting attorneys can best ensure constitutional and legal policing in their jurisdictions and seek criminal accountability, where appropriate, for police officers who have violated the law.<\/p>\n \u201cWe need to be transparent and held accountable… I want to give the public the opportunity to hear from me personally why I made the decision not to prosecute the officers\u2026 and also give them the opportunity to ask any questions about the reasoning and the basis for the decision.\u201d Drawing on research findings that show trauma and toxic stress harm juvenile and young adult brain development, this FJP \u201cIssues at a Glance\u201d brief<\/a> offers recommendations for incorporating trauma-informed practices into a prosecutor\u2019s office. Tools for prosecutors include changing office practices to avoid re-traumatization of youth, partnering with treatment service providers, and reducing secondary traumatic stress for office staff.<\/p>\n “We’ve tried arresting and prosecuting kids for just about everything, including minor, nonviolent first-time offenses\u2026. It simply hasn’t worked.\u201d Research shows that court participants are more likely to comply with court orders and follow the law in the future when they perceive the court process to be fair. This FJP “Issues at a Glance” brief<\/a> suggests strategies for strengthening community trust by improving the fairness of procedures that defendants and community members experience during a criminal investigation or prosecution. From simple measures such as using plain language whenever possible, to efforts aimed at reducing implicit bias, prosecutors can increase the legitimacy of their work in the eyes of the communities they serve.<\/p>\n “When we talk about criminal justice issues, most of the prison population looks like me\u2026. [Y]ou all matter, your civil liberties matter. Your life matters. And we need to do a better job as prosecutors going forward to address those issues.\u201d Local prosecutors can help make communities safer and the justice system fairer by supporting the elimination of a money bail system, which penalizes defendants who cannot afford to post bond. Prosecutors should, instead, support a presumption of release where individuals present no risk of flight or danger to the community. This FJP “Issues at a Glance” brief<\/a> discusses the prosecutor’s role in reforming the money bail system to reduce pretrial incarceration and its potentially counterproductive effect on public safety and recidivism.<\/p>\n “What money bail can do is cause people to be incarcerated unnecessarily. This can seriously destabilize people\u2019s lives \u2014 and in turn, their families and communities \u2014 by causing them to lose their jobs, homes or children.” Prosecutors can help reduce overly punitive responses to marijuana and other drug charges. This FJP “Issues at a Glance” brief<\/a> discusses the prosecutor’s role in marijuana policy reform and provides guidance to prosecutors considering approaches that promote a more equitable justice system, save resources and avoid criminalizing individuals struggling with drug addiction. The brief includes recommendations for prosecutors\u2019 offices based on the wide spectrum of approaches in place around the nation — from cite-and-release programs to the legalization of marijuana.<\/p>\n Federal immigration law imposes additional \u2014 often severe \u2014 penalties when a noncitizen receives a criminal conviction, and federal immigration enforcement practices can have a chilling effect on crime reporting and victim engagement. This FJP \u201cIssues at a Glance\u201d brief<\/a>\u00a0discusses the prosecutor\u2019s role in addressing federal immigration consequences and advancing strategies aimed at preserving community trust and ensuring a justice system grounded in equity and compassion.<\/p>\n
\n— Philadelphia, PA District Attorney Larry Krasner<\/strong><\/p><\/blockquote>\nU Visa Best Practices for Prosecutors<\/h4>\n
\nwitnesses, both documented and undocumented, from coming forward to report crimes.\u201d
\n\u2013 Kings County (Brooklyn), NY District Attorney Eric Gonzalez<\/strong><\/p><\/blockquote>\nImproving Justice System Responses to Individuals With Mental Illness: A Toolkit for Prosecutors<\/h4>\n
\n\u2013 Cook County, IL State\u2019s Attorney Kim Foxx<\/strong><\/p><\/blockquote>\nDrug-Induced Homicide Prosecutions<\/h4>\n
\n\u2013 Pima County (Tucson), AZ Attorney Laura Conover<\/strong><\/p><\/blockquote>\nLessons Learned from Germany: Promoting Developmentally Appropriate and Rehabilitative Youth and Young Adult Justice<\/h4>\n
\n\u2013 Contra Costa County, CA District Attorney Diana Becton<\/strong><\/p><\/blockquote>\nPlea Bargaining<\/h4>\n
\n\u2013 Philadelphia, PA District Attorney Larry Krasner<\/strong><\/p><\/blockquote>\nYouth Interrogation: Key Principles and Policy Recommendations<\/h4>\n
\n\u2013 FJP Executive Director Miriam Krinsky<\/strong><\/p><\/blockquote>\nPromoting Independent Police Accountability Mechanisms \u2013 Key Principles for Civilian Oversight<\/em><\/h4>\n
\n\u2013 Contra Costa County, CA District Attorney Diana Becton<\/strong><\/p><\/blockquote>\nReconciling Drug Courts, Decarceration, and Harm Reduction<\/h4>\n
\n\u2013 Philadelphia, PA District Attorney Larry Krasner<\/strong><\/p><\/blockquote>\nCOVID-19 and Improving Conditions of Confinement<\/h4>\n
\n\u2013 Former Berkshire Country, MA District Attorney Andrea Harrington<\/strong><\/p><\/blockquote>\nCOVID-19 and Youth Justice Issues<\/h4>\n
\n\u2013 Former Loudoun County, VA Commonwealth’s Attorney Buta Biberaj<\/strong><\/p><\/blockquote>\nCOVID-19 and the Criminal Justice System<\/b>:\u00a0<\/b>Reducing and Avoiding Incarceration During a Pandemic<\/span><\/h4>\n
\n\u2013 Durham County, NC District Attorney Satana Deberry<\/strong><\/p><\/blockquote>\nLessons From Germany: Avoiding Unnecessary Incarceration and Limiting Collateral Consequences<\/h4>\n
\n<\/em>\u2013 Durham County, NC District Attorney Satana Deberry<\/strong><\/span><\/p><\/blockquote>\nRevisiting Past Extreme Sentences: Sentencing Review and Second Chances<\/h4>\n
\n\u2013 Former King County (Seattle, WA) Prosecuting Attorney Dan Satterberg<\/span><\/strong><\/p><\/blockquote>\nHarm Reduction Responses to Drug Use<\/h4>\n
\n\u2013 Former Berkshire County, MA District Attorney Andrea Harrington<\/strong><\/p><\/blockquote>\nYoung Adults in the Justice System<\/h4>\n
\n<\/em>\u2013 Former District of Columbia Attorney General Karl Racine<\/strong><\/p><\/blockquote>\nImproving Justice System Responses to Individuals with Mental Illness <\/strong><\/h4>\n
\n<\/em>\u2013 Portsmouth, VA Commonwealth’s Attorney Stephanie Morales<\/strong><\/p><\/blockquote>\nCommunity Prosecution and Engagement<\/strong><\/h4>\n
\n<\/em>\u2013 Former Los Angeles City Attorney Mike Feuer<\/strong><\/p><\/blockquote>\n
\n<\/em>\u2013 Milwaukee County (WI) District Attorney John Chisholm<\/strong><\/p><\/blockquote>\nOpen and Early Discovery Practices<\/h4>\n
\n\u2013 <\/em>Wyandotte County (Kansas City), KS District Attorney Mark Dupree<\/span><\/strong><\/p><\/blockquote>\nRestorative Justice<\/h4>\n
\n<\/em>\u2013 Former King County (Seattle), WA Prosecuting Attorney Dan Satterberg<\/strong><\/p><\/blockquote>\nFines, Fees and the Poverty Penalty<\/h4>\n
\n
\n<\/span>\u2013 Marc Levin, Policy Director, Right on Crime<\/span><\/strong><\/p>\n<\/blockquote>\nConviction Integrity<\/h4>\n
\n
\n<\/i><\/span>\u2013 13th\u00a0<\/sup>Judicial District (Tampa), FL State Attorney Andrew Warren<\/strong><\/p>\n<\/blockquote>\nPolice Accountability<\/h4>\n
\n\u2013 Denver (CO) District Attorney Beth McCann<\/strong><\/p><\/blockquote>\nTrauma-Informed Juvenile Justice<\/h4>\n
\n\u2013 13th\u00a0<\/sup>Judicial Circuit (Tampa, FL) State Attorney Andrew Warren<\/strong><\/p><\/blockquote>\nProcedural Justice<\/h4>\n
\n\u2013 St. Louis (MO) Circuit Attorney Kim Gardner<\/strong><\/p><\/blockquote>\nBail Reform<\/h4>\n
\n\u2013 Winnebago County (Oshkosh, WI) District Attorney Christian Gossett & FJP Executive Director Miriam Krinsky<\/strong><\/p><\/blockquote>\nMarijuana Policy Reform<\/h4>\n
Immigration<\/h4>\n