Some Modest Proposals for a Progressive Prosecutor

Abstract

The progressive prosecutor movement has spawned a number of races for District Attorney where candidates fight to claim the mantle of most progressive potential prosecutor. However, the promises made by self-described forward thinking, if not exactly radical, prosecutor candidates, as well as those made by newly elected District Attorneys, are at best the kind of reformist reforms criticized by many as having little impact on entrenched systems of oppression and as ultimately expanding their reach. It is incumbent on those looking for fundamental change in prosecutorial practices to try and assess whether any candidates are willing to take bolder steps than simply promising to prosecute more fairly and compassionately. Instead, the inquiry must be whether the candidate is willing to give up any aspects of the awesome power and the vast resources bestowed upon the office, particularly when it comes to the trial process. This essay provides a list of proposals that a prosecutor truly bent on far-reaching change should adopt. Taken together, the proposals pave the way for abolition of the role of the prosecutor.