Notably, many of those vying for higher office who previously served as elected prosecutors are now spending their time on the campaign trail apologizing for their punitive behavior. The book’s publication also coincides with a time in American politics when criminal justice reform has become a key component of Democratic presidential candidates’ election platforms.
Bazelon’s book implies that the answer to Professor Smith’s question would be, “Yes you can.” It’s part history, part policy, and part captivating storytelling that paints a picture of the vast discretion that local prosecutors – who handle more than 95 percent of America’s criminal cases – still wield in the year 2019. Bazelon’s book: Charged: The New Movement to Transform American Prosecution and Mass Incarceration investigates prosecutors’ discretion to provide second chances as well as to cause more harm to individuals who are ensnared in the justice system. Eighteen years later, New York Times journalist Emily Bazelon delves into the recent movement to elect reform-minded prosecutors into office.
Smith’s question has occupied the minds of scholars, activists, defendants, and law students since she wrestled with this inquiry the year after we entered the 21st century. In her article, Smith explored “whether a well-intentioned prosecutor can temper the harsh reality of the criminal justice system – in view of the institutional and cultural pressures of prosecutor offices.” Smith didn’t just examine this question she also quite succinctly answered it, writing: “I hope so, but I think not.” Her answer reflected the reality that the previous three decades produced unprecedented punitiveness in our criminal laws, racial disparities in both prosecution and punishment, and ultimately in creating a system of mass incarceration. Today, that number has grown by about 200,000. In 2001, Abbe Smith, a Georgetown University Law School professor and co-director of the school’s criminal defense clinic, wrote an article entitled, “ Can You Be a Good Person and a Good Prosecutor?” At that time, the United States incarcerated just more than 2 million people. This piece was originally published in the National Book Review. Attend the Brennan Legacy Awards Dinner.Advance Constitutional Change Show / hide.National Task Force on Democracy Reform & the Rule of Law.Government Targeting of Minority Communities Show / hide.Campaign Finance in the Courts Show / hide.Gerrymandering & Fair Representation Show / hide.Ensure Every American Can Vote Show / hide.
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