Due Dec 8
Topic: Policing and Prosecution
For our final day of class, I’ve invited Lydia Barski, a BU grad student in Economics, to engage with us on the role of local prosecutors in the US justice system. Lydia is the Research Lead on a grant from Microsoft/Urban to the SCWLF working to advance racial equity in the criminal legal system. She is working closely on this project with BU Law Prof Brian Wilson, a practicing prosecutor and the head of the BU Law Criminal Clinic’s Prosecutor Program.
To prepare for the discussion, take this survey, then read the following two articles, and then write a short response to the question below. (Please complete the survey first, for the sake of data collection.)
- 2020 Center for American Progress fact sheet on Progressive Prosecutors: link
- 2021 Pew Research piece on shifting attitudes on the left regarding police funding: link
Question: drawing on these readings as well as on your personal recollection of the 2020 BLM protests, what do you think is the best way forward in addressing the racial inequities which plague the US justice system? Can we afford to “defund” the police? Can we afford not to?
I think it is difficult to identify one “best way” to address the racial inequalities of the justice system because there are many different pieces of the justice system that are infected with racism, each of which need to be addressed uniquely. However, when it comes to the police, I think that there needs to be a reallocation of funds. For example, if some of the funds that are traditionally allocated to the police are instead allocated to the programs discussed in the Center for American Progress article, like the “prearrest diversion programs” that aim to reduces circumstances like addiction and homelessness that might lead to mental health crises or crime, then these types of crimes would reduce in frequency and the police wouldn’t need to respond to these crimes as often. As for the rest of the justice system, I think that there needs to be more education on the influence that prosecutors and judges can have. After taking the survey linked in this assignment, I realized how little I knew about prosecutors and their in-depth responsibilities. If more people were aware of how influential these different positions can be within our justice system, I think there would be a larger support for prosecutors that are representative of everyone, not just white men.
It’s tricky to say we should “defund” the police without an explicit definition of “defunding”: the two definitions I mainly see are “defunding” in the literal sense or allocating funds for specific resources in order to make the institution less militarized. I see benefits with applying a little of both: to cut the huge percentage of the money allocated to police for other resources that will help (especially low-income) communities, such as education and housing, as well as prioritize programs in policing that create a less militarized environment, especially in cases of mental health crises. But simultaneously, I feel as though the problem is much more complicated than an economic change – the overarching issue is reminiscent of our discussion last class about the overall attitude of the police, how they criticize BLM because it paints them out to be the ‘bad guys,’ when they have always seen themselves as the heroes. It’s a hard balancing act between police being equipped and confident enough to handle dangerous situations, and unnecessarily escalating encounters to prove themselves as the ones in control. And this sense of immediate aggression is something that makes the police – the force supposed to be safeguarding our communities – intimidating, and racist police being given this level of control is rightfully horrifying for people of color, along with the fact that the US police force has roots in slave patrolling. The solution to the current justice system is murky, but at least continuing to address the issue of racial inequality and the militarization of the police force from the inside – as shown with progressive prosecutors in “The Facts on Progressive Prosecutors” – and out is a step in the right direction.
It is clear that change needs to be made to the US justice system. I’m not quite sure what the best way to do this would be and I think a lot of the public is also unsure about what to do. As seen in the Pew Research article, different races and ages have different opinions on how this should be done. I think the reason that there are such significant discrepancies is highly influenced by the kinds of experiences one has and how that affects what they think the police do and what would be the best way to allow the police to do their job in the best way. As expected, white people have the highest rate of wanting to increase the funding of the police, probably because they think that by doing so the police will be able to do a better job of keeping the community safe. Contrarily, black people have a high rate of wanting to defund the police, probably because they think that the best way to ensure justice is by having the police have a less significant role in a community as it does. Additionally, younger people have higher rates of wanting to defund the police. I think this connects with what we saw in the new left of the 1960s and shows that the youth are more likely to want to instill change, despite the change having to be difficult and uncomfortable.
Racial inequities have only become more ubiquitous in the past few years, riding an increasingly larger wave that peaked during the 2020 BLM protests and the following months. The US justice system has always been heavily affected by racial inequities, and the contributions of BLM have simply uncovered the underlying issue for the general public to know. While action has been taken to implement reforms within the world of prosecutors, addressing and solving issues for the future is most needed now, as a temporary solution to mass incarceration and fallouts in the justice system will no longer be successful. The American Progress article cited DAs in specific counties across the US that have taken the step towards becoming progressive and advocating for change, but one that stands out, in particular, is Larry Krasner. Being a resident of the Philadelphia suburbs, I have heard Krasner’s name several times before, and unfortunately, it is generally always with a negative connotation, signifying that his “pledge[s] to curb mass incarceration” or any other promised actions are not viewed in the same way as the public. Rather, there have been numerous issues with Krasner’s viewpoint on gun rights, and a lack of the ability to address these crimes has become synonymous with the poverty, murders, and violence in Philadelphia. While I did not witness any of the BLM protests, I received first-hand accounts of the looting aftermath in the city. With this in mind, defunding the police seems to be a promising decision for the future, but I believe this decision should not be implemented radically, and there are many caveats to account for, including the breaking point of police power and to what extent defunding would take place. However, by holistically looking at the current stage of the country, we cannot afford to defund the police without prioritizing issues that will benefit us today.
Unquestionably, the US must make changes within the justice system. Especially within the police department, where there is plenty of evidence to support this, especially within the past ten years. However, with change always comes one problem: Where to start?. There are so many problems within the justice system and the police department that it’s hard to pick a point where the US can make some serious progress. But with the 2020 Center for American Progress fact sheet, I found a couple of steps state governments are taking to solve this problem intriguing. Kim Foxx of Cook County, Illinois, pushed for raising the charge for felony theft to $1,000 and having many diversion programs instead of immediate incarceration. Many other attorneys across the country share similar views to Foxx in pushing for reform programs, especially for juvenile youth. Although not fully solving the problem, I believe this would be a good step toward doing so. These programs replacing incarceration, helps solves the problem of overpopulation within prison systems. However, there’s always the problem that is racism within these circumstances, which sure is one of the biggest messes that needs cleaning up. The US justice system must do better in holding the police accountable for engaging in acts of violence against their pursuers.
Having read the progressive prosecution article, I was surprised to realize that when I think of reform in the justice system, I mostly envision changing the system as a whole or changing who has power such as the judge or jury. It had never crossed my mind to work with the system to bring about justice by using prosecution to support a wide array of racial groups. I find this incredibly enlightening because this allows for a more immediate change for these discriminated groups since this doesn’t require changing an entire system but instead just finding prosecutors willing to cooperate. In regards to police defunding, I was surprised to see that opinions on defunding did not differ between different races as much as I had expected it to. This tells me that there might be more of a general opinion on the topic. While I wish I knew what the solution was, all I can really say is that I think we should shift the focus from who wants or doesn’t defunding to why defunding is wanted or unwanted.
I think that although the article on progressive prosecutors makes it clear that there can be meaningful reform and change made to the justice system through prosecution, the issues of racial injustice in the system are so numerous and so widespread that there needs to be a multifaceted approach to solving them. Yes, it is crucial to adjust and correct prosecution in order to reduce incarceration rates, particularly for people of color, but addressing things solely on the level of prosecution will not reach to police brutality and the murder of people of color at the hands of the police, in the moment, in the field. In terms of defunding the police, I think it still needs to be defined what that really means- does it mean increasing funding for other types of community supports and mental health resources, getting rid of police altogether, or something else?I think the answer to whether or not “defunding the police” is something we can afford to do lies in what that really means to people, and what that would look like.
I believe that the racial inequalities within the justice system happen well before the arrival of the police. I feel like it is difficult to talk about this kind of change and reforming the police without talking about the community issues that lead toward our inherently racist system. While in theory the idea of “progressive prosecution” sounds good, I think that that kind of change is too far into the system and past the point where change needs to occur. If we focus on the root of crime and racial segregation within society, like why black and brown people are more likely to have less resources to begin with, I feel like more issues would be solved. The idea of “defund” the police, I feel, runs along the same lines of being too far past the main issue, not to mention how ambiguous “funding” can be and how to track what departments actually invest in. I feel like taking something like Biden’s most recent funding of the police and pouring it into communities that need it would be more effective at proactive change rather than reactive change.
If these readings and the 2020 BLM protests have demonstrated anything, it is that the US justice system is in desperate need of fixing. Kim Parker and Kiley Hurst’s article, Growing Share of Americans say they want more spending on police in their area, outlines the stark contrast between perspectives on this topic, displaying the breakdown of demographics attributed to defunding the police versus increasing these funds. An important piece to note in these statistics is the sentiment behind the stance on defunding the police, as the majority of people on both sides of this argument have an optimistic outlook on this solution. Those who want to increase police funding are mainly concerned with concealing violence in the areas in which they live, and the means to do this is not to allow the police to have the funds to abuse criminals, but rather employ more infrastructure in order to decrease crime rates and increase rehabilitation systems to improve these conditions. This is precisely where the role of prosecutors becomes glaringly important, as discussed in Allison Young’s article on progressive prosecutors. With the implementation of major reforms, promoting police accountability, and encouraging rehabilitation over incarceration, we will be able to see greater progress in the United States justice system.