Everyone who goes to criminal court encounters a prosecutor These individuals have a tremendous amount of power. It is up to them how to charge an individual arrested for law breaking. Since the District Attorney is often elected, their decisions are sometimes based on the political ramifications of what they decide. If they happen to have an old school “tough on crime” attitude, they may well “throw the book” at those who stand before them. If they live in a rural county as opposed to an urban county they may well charge differently, and request longer sentences than if they were working in an urban center. Teir decisions migt also be impacted by the quality of the defense attorney. The majority of folks in criminal court are less educated and less economically advantaged. Usually that means they cannot afford the highest quality defense and thus usually get more harsh treatment than that secured by a high caliber legal defense team.
Fortunately, we now appear to be entring a time when more and more prosecutors are starting to think outside the box. That means that they are not so beholden to tradition…..to the strategies of being as harsh as possible, and thus filling our prisons with more than they can, or should hold. Some of them are now beginning to look at the individual circumstances of each case and making decisions accordingly, instead of using a broad brush, less personal approach. So there is real reason for hope. The “one size fits all” approach has been tried for decades. Available evidence shows that the results do not justify that philosphy. When individuals are labeled, and put into categories, the dehumanization process begins. Once they are sent to prison, that process acclerates and the result is recidivism rates that harm communities and have too high a price tag.
The video attached here is by a prosecutor who points out how others like him can use creativity to maximize positive outcomes. This works especially well with teenagers.