THE POWER OF PROSECUTORS | ACLU

Prosecutors have used their power to fill prisons and jails. And it has taken decades, billions of dollars and thousands of laws to make the United States the largest prison in the world. But did you know that prosecutors also have the power to dismantle this machine – even without changing a single law?

This video series, presented by the ACLU Campaign for Smart Justice and In Defense Of, a project of Brooklyn Defender Services, shows how prosecutors can single-handedly transform America’s broken criminal justice system.

Starring DeRay McKesson (civil rights activist), Nina Morrison (The Innocence Project), Baratunde Thurston (author and comedian), Adam Foss (former prosecutor), Scott Hechinger (Brooklyn Defender Services), John Pfaff (professor and author of Locked In). ), Josie Duffy-Rice (Fair Punishment Project) and Brandon Buskey (ACLU).

Prosecutors have the power to flood prisons and jails, ruin lives and deepen racial divides with the stroke of a pen. But they are also free to do the opposite. This video examines the power of prosecutors to further—or end—mass incarceration.

The U.S.’s wealth-based incarceration system allows those with money to be released before trial, while those unable to post bail remain locked up. Guess who decides whether someone has to pay bail? Believe it or not, the answer often lies with the prosecutor. But they also have the power to recommend freedom.

Prosecutors are the guardians of the criminal justice system. They decide whether to prosecute and what charges will be filed. Their harsh and discriminatory practices have led to a huge expansion of incarceration in recent decades as a response to societal ills. This video shows how fundamental charging decisions can reduce our reliance on incarceration and lead to healthier communities.

Did you know that more than nine out of ten cases are resolved through settlement proceedings? This is largely due to the strict criminal laws, such as: B. mandatory minimum sentences, have stripped judges of much of their discretion and instead given prosecutors all of the negotiating power. The result: People overwhelmingly plead guilty, even if they are innocent, out of fear of a negative outcome to the trial.

Almost all prosecutors in America are elected officials. And voters across the United States — in both red and blue states — strongly prefer elected prosecutors who are committed to reducing incarceration, eliminating racial disparities and being fully transparent. This video explains how voters can hold prosecutors accountable because power won’t concede without asking.