QUIZ: How Much Do You Know About Prosecutors?

When someone is arrested, the police bring the case to the local prosecutor, who considers the evidence and circumstances, reviews the law, and decides whether and how to charge that person with a crime.

When someone is arrested, the police bring the case to the local prosecutor, who considers the evidence and circumstances, reviews the law, and decides whether and how to charge that person with a crime.

Money bail criminalizes poverty and discriminates against people of color. Thousands of people who are supposed to be presumed innocent are in jail right now. Why? Because they can’t afford to pay bail. That’s wrong, and prosecutors, whose bail recommendations are almost always accepted by judges, are in a powerful position to do something about it. Here’s a great first step: Don’t set bail at all!

Money bail criminalizes poverty and discriminates against people of color. Thousands of people who are supposed to be presumed innocent are in jail right now. Why? Because they can’t afford to pay bail. That’s wrong, and prosecutors, whose bail recommendations are almost always accepted by judges, are in a powerful position to do something about it. Here’s a great first step: Don’t set bail at all!

Diversion programs are cheaper and more effective than incarceration. They allow someone convicted of a crime to get treatment, pay restitution, or complete community service instead of being locked up in prison, which leads to better outcomes for everyone. If prosecutors used diversion programs more often than they do, we’d save money AND strengthen communities.

Diversion programs are cheaper and more effective than incarceration. They allow someone convicted of a crime to get treatment, pay restitution, or complete community service instead of being locked up in prison, which leads to better outcomes for everyone. If prosecutors used diversion programs more often than they do, we’d save money AND strengthen communities.

The school-to-prison pipeline is pushing more and more kids charged with minor infractions into the criminal justice system (which studies show, increases their risk of remaining caught up in the system later in their lives as well). Kids need our support, which is why we need more mental health professionals in our schools. But we also need prosecutors who won’t bring charges against kids for minor infractions. And we need prosecutors who understand that nothing good can ever come from putting children into the adult system.

The school-to-prison pipeline is pushing more and more kids charged with minor infractions into the criminal justice system (which studies show, increases their risk of remaining caught up in the system later in their lives as well). Kids need our support, which is why we need more mental health professionals in our schools. But we also need prosecutors who won’t bring charges against kids for minor infractions. And we need prosecutors who understand that nothing good can ever come from putting children into the adult system.

Mandatory minimum sentencing emerged from all those so-called tough-on-crime laws that have led to our mass incarceration crisis. Sentencing laws tie judges’ hands and open the door to letting prosecutors decide whether to charge people with a crime that would trigger a harsh mandatory minimum sentence. There are so many problems with this, including the fact that Black people are 75% more likely than white people to be charged with a crime that includes a mandatory minimum sentence. Abolishing mandatory minimums would keep a lot of people out of prison.

Mandatory minimum sentencing emerged from all those so-called tough-on-crime laws that have led to our mass incarceration crisis. Sentencing laws tie judges’ hands and open the door to letting prosecutors decide whether to charge people with a crime that would trigger a harsh mandatory minimum sentence. There are so many problems with this, including the fact that Black people are 75% more likely than white people to be charged with a crime that includes a mandatory minimum sentence. Abolishing mandatory minimums would keep a lot of people out of prison.

People who experience mental illness are over-represented in our jails and prisons. They are both less likely to be able to afford to pay bail and more likely to receive longer prison sentences. Rather than prosecuting them and ensuring that they stay entangled in the criminal justice system, prosecutors could help improve their lives by deciding to refer them to diversion programs, like a mental health treatment center. There is no worse place for someone experiencing mental illness than a prison.

People who experience mental illness are over-represented in our jails and prisons. They are both less likely to be able to afford to pay bail and more likely to receive longer prison sentences. Rather than prosecuting them and ensuring that they stay entangled in the criminal justice system, prosecutors could help improve their lives by deciding to refer them to diversion programs, like a mental health treatment center. There is no worse place for someone experiencing mental illness than a prison.

A plea bargain can happen at just about any point after arrest. It’s when the prosecutor and the lawyers for the person who has been arrested try to strike a deal to avoid a trial. In TV and the movies, it seems like everybody eventually goes before a judge and a jury, but the reality is much different. Prosecutors control this entire process — and with something like 97% of all federal and state cases settled via a plea bargain, they have a ridiculous amount of influence over whether a LOT of people plead guilty or not guilty. (Many people feel a ton of pressure to plead guilty, even when they know they’re not guilty, because they’re afraid of what might happen during a trial.) Should one person have that much power?

A plea bargain can happen at just about any point after arrest. It’s when the prosecutor and the lawyers for the person who has been arrested try to strike a deal to avoid a trial. In TV and the movies, it seems like everybody eventually goes before a judge and a jury, but the reality is much different. Prosecutors control this entire process — and with something like 97% of all federal and state cases settled via a plea bargain, they have a ridiculous amount of influence over whether a LOT of people plead guilty or not guilty. (Many people feel a ton of pressure to plead guilty, even when they know they’re not guilty, because they’re afraid of what might happen during a trial.) Should one person have that much power?

OK, this was a bit of a trick question. Judges are ultimately responsible for sentencing decisions, but prosecutors have a LOT of influence over judges. Once someone has been convicted of a crime, prosecutors can recommend that they face no further punishment, that they receive probation, or that they go to jail or prison (and for how long).

OK, this was a bit of a trick question. Judges are ultimately responsible for sentencing decisions, but prosecutors have a LOT of influence over judges. Once someone has been convicted of a crime, prosecutors can recommend that they face no further punishment, that they receive probation, or that they go to jail or prison (and for how long).

If we want to stop pouring money into prisons and jails and instead invest in people and our communities, then we need to elect reform-minded prosecutors. All those years of “tough on crime” policies have resulted in powerful prosecutors whose decisions have increased mass incarceration (which doesn’t, by the way, make us safer) and weakened our communities. The good news is that all we have to do to change that is head to the polls on Election Day and vote for prosecutors whose policies and values reflect our own. It’s time to transform the system!

If we want to stop pouring money into prisons and jails and instead invest in people and our communities, then we need to elect reform-minded prosecutors. All those years of “tough on crime” policies have resulted in powerful prosecutors whose decisions have increased mass incarceration (which doesn’t, by the way, make us safer) and weakened our communities. The good news is that all we have to do to change that is head to the polls on Election Day and vote for prosecutors whose policies and values reflect our own. It’s time to transform the system!