Third Way: The Uphill Battle for Progressive District Attorneys
Justin Sullivan / MediaNews Group/East Bay Times via Getty Images
District Attorneys have many responsibilities and a lot of discretion when it comes to criminal justice reform. They can shape policy and shift priorities but are limited these days with a declining workforce. Being a progressive District Attorney comes with even more issues as these attorneys are fighting an uphill battle against an entire system. Further, Alameda County has issues far vaster than a single DA can solve. Many residents live in poverty and that requires big structural changes. Moving forward, Price can continue to advocate for justice and accountability in the criminal justice system, but this responsibility cannot be burdened by Price alone. Other advocates for the community must work to solve these issues too to make the community safer.
Role of DA
The District Attorney has significant decision-making power and the decisions they make have a big impact on the community. They can decide whether criminal charges are brought to court, which cases are dismissed or diverted from court, and — to some extent — the sanctions that people convicted of crimes will face. They also represent the government in criminal cases and are responsible for ensuring justice is served by prosecuting individuals accused of committing crimes, working with law enforcement agencies to investigate crimes, prioritizing working with victims to ensure their rights are protected and playing an important role in shaping criminal justice policy. In deciding what charges should move forward in court, prosecutors consider the strength of the evidence, the nature of the offenses, public safety, the wishes of any victims, and whether the matter can be addressed through means other than a criminal conviction — for example with a diversion program or community service.
Problems District Attorneys Face
While these responsibilities are important and play a big role in the court system, many District Attorney’s offices struggle to keep up with these responsibilities. Some of the most-pressing challenges that prosecutors face are related to difficulties recruiting, training, managing, and retaining staff. Prosecutors struggle with the demanding and time-consuming tasks for identifying, tracking, storing, and disclosing officer misconduct and discipline issues, as well as collecting and reporting disclosure obligations. They are challenged by the inadequate or inconsistent collection of data and other information shared among agencies, their partners, and the community, as well as by emerging digital and forensic technologies. Furthermore, prosecutors are resigning in record high numbers because of low pay, high case workload and skepticism about the criminal justice system. Some DA’s offices are experiencing up to 16% vacancies, as effects of covid and increasing concern about racial inequities in criminal justice system plus low pay and burnout has made a career as a prosecutor a tougher sell. These shortages are affecting prosecutors’ decisions about whether to bring cases to trial since they don’t have enough people to prosecute.
Progressive District Attorneys
Therefore, this makes the job of a progressive District Attorney even harder as fewer young progressive people have a desire to work for the office. Additionally, all these responsibilities that already exist further increase burnout once these progressive DAs work to instill change in the system. These are not the only issues progressive District Attorneys face, however. This new type of prosecutor runs on a platform of ending mass incarceration in a country that holds 20% of the world’s prison population. They face a simple math problem: reducing the incredible number of prisoners is an insurmountable task for individual progressive D.A. offices scattered across the country. Moreover, progressive prosecutors’ policies are selective in which criminal defendants’ benefit, opting to only forgive crimes the public may be easily sympathetic towards.
Activists on both sides of this spectrum now face a crucial question: are progressive prosecutors crucial allies, or just as culpable as every actor in the system? In a statement for CPR, organizers likened progressive prosecution to fancy gift wrap on a damaged cardboard box: “Regardless of how impressive the wrapping of paper is, the box is still damaged— much like the system. You can’t be enmeshed in the system without perpetuating it.” The organizers also question any use of incarceration, even sparingly. “Prisons and/or jails are not institutions that can be reformed…we need to develop alternatives outside of the system.” Based on this information it is clear, a single District Attorney’s office face an insurmountable battle against a huge system that historically has punished poverty.
The Complexity of Alameda
The issues facing Alameda County are also vast. In a rating of the county overall, Alameda only received a 40 in the equity rating. The equity category assesses income, education, health, and social equality to determine how well all members of a community are afforded the opportunity to live a productive, healthy life. With a low score of 40, Alameda County is higher in racial disparity in educational attainment and premature death disparity. Additionally, they have a higher unemployment rate, work harder to afford housing, and have a higher rate of violent crime. These issues in Alameda are like the issues progressive District Attorney’s offices face. Poverty in Alameda is an enormous challenge, far too big for the DA’s office to effectively end. Poverty is a huge indicator for crime as well. Therefore, these issues require systematic change from the entire community, not just Price’s office.
Pamela Price has faced an enormous challenge since she first entered office. The District Attorney is faced with a laundry list of responsibilities and across the country, less and less people are interested in working for the office. Further, as a progressive district attorney, she is faced with doing as much reform as she can within a system designed to punish for poverty and work against her specific goals. Finally, Alameda County has major issues with poverty that require full community engagement. While Price can work to improve justice and accountability within her office, the real work of criminal justice reform comes from lawmakers and community support. Right now, she cannot singlehandedly fix all the issues and risks losing her job for enacting the policies she ran on.