>> AS WE JUST REPORTED, DISTRICT
ATTORNEYS YIELD A LOT OF POWER
IN DISCRETION ON CHARGING
DECISIONS AND REGARDED AS
HOLDING A QUASI JUDICIAL
STANDING.
WHAT IF THEY TRY TO CHANGE THE
CRIMINAL JUSTICE SYSTEM USING
DISCRETION?
THERE IS A MOVEMENT OF
PROGRESSTIVE PROSECUTORS,
NOTABLY LIKE THE PHILLY D.A.
WE LEARN MORE ABOUT PROGRESSIVE
PROSECUTORS FROM THE DIRECTOR OF
THE U.W. LAW SCHOOL PROSECUTION
PROJECT AND THANKS FOR BEING
HERE.
LANNY GLINBERG.
>> THANK YOU FOR HAVING ME.
>> WHAT DOES IT MEAN TO BE A
PROGRESSIVE PROSECUTOR?
>> WELL, THERE'S NO PARTICULAR
CREDENTIAL TO BE A PROGRESSIVE
PROSECUTOR.
BUT THE PHILOSOPHY OF
PROGRESSIVE PROSECUTORS IS THAT
THEY WANT TO WIELD THEIR
PROSECUTORIAL POWER,
SUBSTANTIAL, THE MOST POWERFUL
ACTOR IN THE CRIMINAL JUSTICE
SYSTEM.
THEY WANT TO YIELD THE
DISCRETION TO SERVE THE INTEREST
OF PUBLIC SAFETY AND AS WELL TO
ADDRESS REAL PROBLEMS WE HAVE IN
THE CRIMINAL JUSTICE SYSTEM, THE
PROBLEMS OF MASS INCARCERATION.
THE COUNTRY INCARCERATES THAN
ANY OTHER COUNTRY, AND FALLS ON
UNDERREPRESENTED, PEOPLE WHO ARE
POOR AND OF COLOR, AND THEY WANT
TO ADDRESS THOSE PROBLEMS AND
THE MAIN FUNCTION OF A
PROSECUTOR, TO ADDRESS PUBLIC
SAFETY, ENSURE PUBLIC SAFETY.
>> WHAT'S AN EXAMPLE OF HOW THEY
WOULD PROCEED IN A PARTICULAR
CASE IN A PROGRESSIVE WAY?
>> WELL, BY BEING MINDFUL OF THE
CONSEQUENCES OF ENGAGING IN A
PROSECUTION, BY THAT I MEAN THE
TRADITIONAL APPROACH TO
PROSECUTION, DOMINATE OVER FOUR
DECADES, CHARGE A CRIME, SEEK
CONVICTION AND CONFINE SOMEBODY.
CONFINE SOMEBODY THAT COMMITTED
A CRIME AS A MEANS OF ADDRESSING
PUBLIC SAFETY.
IN REALITY, THAT HAS NOT SERVED
US SO WELL.
AS I MENTIONED, WE HAVE
SUBSTANTIAL NUMBERS OF THOSE
INCARCERATED AND IF
INCARCERATION AND CONFINEMENT
EQUAL PUBLIC SAFETY WE WOULD
HAVE THE SAFEST COUNTRY IN THE
WORLD.
AND WE DON'T.
SO, IN AN INDIVIDUAL CASE
PROSECUTOR NEEDS TO BE ATTENTIVE
TO NOT ONLY JUST THE CHARGING
AND CONVICTION AND CONFINEMENT,
ABOUT YOU WHAT ARE THE OTHER
COTS OF COMMENCING A CRIME, OF
SEEKING A CONVICTION, NOT JUST
THE MONETARY COST OF CONFINING
SOMEBODY, BUT REAL SOCIAL COSTS
AS WELL.
AND ATTENTIVE TO THE SOCIAL
COSTS, MINDFUL ABOUT THE TYPE OF
PENALTY THAT A PROSECUTOR SEEKS
OR WHETHER TO ISSUE CHARGES IN
THE FIRST PLACE.
WHAT WILL THE CONSEQUENCES ON
THE BROADER COMMUNITY BE ON THE
INDIVIDUAL, THEIR CONNECTION TO
FAMILY, WORK, STABLE HOUSING,
THOSE ARE THE THINGS THAT THE
RESEARCH TELLS US RESULTS IN
INDIVIDUALS DESISTING FROM
CRIME, NOT JUST CONFINEMENT.
SO, FOCUSSING ON THAT AND
MINDFUL OF THE CONSEQUENCES ON
OTHER FACTORS, TO BRING ABOUT
PUBLIC SAFETY.
>> IS THERE A PUSHBACK ON THIS
KIND OF METHOD OR SENSIBILITY ON
THE PART OF THE MORE TRADITIONAL
PROSECUTORS?
>> INDEED THERE IS RESISTANCE,
IT VARIES FROM COMMUNITY TO
COMMUNITY.
PROSECUTORS, OF COURSE, AS YOU
REPORTED JUST A FEW MOMENTS AGO
ARE ELECTED COUNTY BY COUNTY.
LOCAL SENSIBILITIES AFFECT THE
PRIORITIES OF PROSECUTION SO THE
RESISTANCE MAY BE DIFFERENT IN
DIFFERENT PLACES.
BUT INDEED GENERALLY, OR SOME OF
THE PROGRESSIVE PROSECUTORS,
THERE IS SOME RESISTANCE.
IT CAN COME FROM A NUMBER OF
PLACES.
ONE, PROSECUTORS THEMSELVES.
IT IS RISKY TO LOOK AT A NEW
MODEL OF PROSECUTION OR TO BE
MORE SENSITIVE TO THE SORT OF
THINGS THAT I DESCRIBED.
TAKING A THOUGHTFUL AND NUANCED
VIEW OF ADDRESSING PUBLIC SAFETY
AS A POLITICAL MATTER HAS NOT
BEEN THE APPROACH.
POLITICAL, POLITICAL SAFE IS TO
RUN AGAINST CRIME, RUN AGAINST
CRIMINALS.
SO, THERE IS POLITICAL RISK
ASSOCIATED WITH IT.
RESISTANCE CAN COME FROM ANY
NUMBER OF OTHER ACTORS IN THE
INSTITUTIONS OF THE CRIMINAL
JUSTICE SYSTEM, WHETHER IT BE
BENCH, OTHER PROSECUTORS, POLICE
OR VOTERS EVEN BECAUSE AS I
SAID, THESE ARE ELECTIVE OFFICES
AND THERE ARE POLITICAL
CONSEQUENCES FOR THESE
DECISIONS.
>> WE KNOW PHILADELPHIA'S D.A.,
LARRY KRASNER, WILL END MASS
INCARCERATION.
IS IT KIND OF A GROWING MOVEMENT
IN STATES LIKE WISCONSIN?
>> I THINK IT'S A GROWING
MOVEMENT IN A LOT OF PLACES AND
THERE IS A SPECTRUM OF
PROSECUTORS FROM WHAT I WOULD
DESCRIBE AS VERY TRADITIONAL,
FOCUSSED ON CHARGING, CONVICTING
AND CONFINING TO THE TYPE OF
PROGRESSIVE MODEL THAT WE ARE
TALKING ABOUT NOW.
THERE ARE SOME THAT ARE, THIS IS
INDEPENDENT OF PARTY, ACROSS THE
STATE, THAT HAVE A MORE
REFORM-MINDED APPROACH,
REFORM-MINDED OR PROGRESSIVE
MENTALITY, CAREFUL TO SAY I'M
NOT USING THE TERM PROGRESSIVE
IN THE POLITICAL SENSE, BUT IN
THE SENSE OF A NEW APPROACH
REVIEWING OR REVISITING WHAT THE
PRIORITIES OF PROSECUTION ARE.
CERTAINLY THERE ARE SOME IN THE
STATE, SPECTRUM FROM TRADITIONAL
TO MORE PROGRESSIVE.
>> ALL RIGHT, WE NEED TO