I. Introduction: Since the tough on crime culture played a large role in mass incarceration, we must elect Progressive District Attorneys that prioritize diversion and rehabilitation before incarceration whenever it is possible.
As mentioned in my previous blog post, District Attorneys’ offices have a wide degree of discretion throughout the stages of the criminal justice process. The decisions prosecutors make can impact whether a parent gets incarcerated, and ultimately whether a parent loses their parental rights in that process. The Vera Institute compiled an overview of seven critical decision points for prosecutors throughout the criminal justice process and how these decisions can affect an individual’s fate. Notably, the overview highlights how, even at the charging stage, if the prosecutor selects a charge that carries a mandatory minimum sentence, he has essentially already chosen the potential sentence at the time of charging, rather than the judge or jury doing so at the time of sentencing. If the prosecutor had chosen a lesser charge, this decision could increase the likelihood that a person is, for example, eligible for diversion programs or released pre-trial. Diversion programs, or pre-trial release, could likely help contribute to maintaining an otherwise healthy family unit and keep additional children from being placed in the foster care system.
By prioritizing programs that avoid incarceration and promoting, for example, rehabilitation, prosecutors can dramatically decrease the number of children who end up in foster care. District Attorneys’ offices, and the individual decisions prosecutors make, are highly influenced by their culture. A Chief District Attorney can change the entire culture of an office by, for example, promoting decisions and programs which would actually assist parents in overcoming their involvement in the justice system and allowing them to continue to be involved in their child’s life. Electing a more progressive District Attorney, who prioritizes programs that avoid incarceration, would benefit parents as a whole. Historically, District Attorneys’ offices have followed a tough on crime approach which rewarded a high rate of convictions, at all costs. This culture, in effect, has resulted in the high rates of incarceration we see in our nation today.Continue reading “Progressive District Attorneys Can Affect the Foster Care System by Changing the Tough on Crime Culture”