Two California Prosecutors Promise a Different Kind of Justice. Voters Turned to Them | Lost Coast Outpost

California’s two most prominent “progressive” prosecutors were fulfilling their promise to the voters who elected them.

Pamela Price, elected as Alameda County District Attorney in 2022, implemented a policy to guard against racial bias in sentencing enhancements and found that Blacks and Jews were excluded from death penalty juries. A court order to review these biases is currently underway.

Former San Francisco police Chief George Gascón, who was first elected as Los Angeles County District Attorney in 2020, instituted policies that barred his prosecutors from making exorbitant sentencing enhancements, transferring juvenile cases to adult courts and defending against criminal reentry at parole board hearings.

But their movement suffered a serious setback in this month’s election when Price failed to win a recall and Gascón lost his re-election bid to Nathan Hochman, a former federal prosecutor who ran for attorney general as a Republican two years ago. Those defeats came on the heels of San Francisco’s progressive former district attorney. Chesa BoudinRecalled in 2022.

Dismissal of two district attorneys It marks a shift in statewide views on law enforcement and public safety approaches. California voters overwhelmingly approved this election Recommendation 36a tough-on-crime measure that toughens penalties for some drug and theft crimes.

“You can’t just burn down the system,” said former Sacramento County District Attorney Anne Marie Schubert, who fought with former Gov. Jerry Brown over criminal justice policies. “They get elected and suddenly they start implementing policies that are far from being a true prosecutor looking for balance and accountability.”

This is a sobering moment for criminal justice advocates who have supported progressive prosecutors across the country over the past decade.

“All successful movements experience setbacks, and the movement to fix the criminal justice system is no different,” said Anne Irwin, founder and executive director of the criminal justice advocacy group Smart Justice California. “We will regroup and continue to fight for the values ​​that animate our business.”

The roots of the progressive prosecutorial movement

About a decade ago, criminal justice advocates were looking to the people they viewed as the most important decision-makers in the state’s criminal justice ecosystem: prosecutors.

In an effort to counter the over-incarceration of Black and brown people following decades of hard-hitting crime investigations, The movement encouraged prosecutors to use tools other than incarceration as a way to address harm in society.

That means addressing the root causes of violence and giving prosecutors flexibility in how they respond to crime, such as sending more people to diversion programs as an alternative to incarceration, according to Cynthia Chandler, Price’s policy director.

“Ultimately, behind the vision of a progressive prosecutor is a prosecutor who is committed to the ethical mandate given to prosecutors to seek truth and justice,” Chandler said. “And the search for truth does not proceed by looking for a pound of flesh.”

The movement gained momentum in 2016 Funded by Democratic megadonor George Soros.. Mostly progressive prosecutors have been on the rise since then, with candidates finding success in places like Chicago, Philadelphia and Brooklyn.

In this election, two progressive prosecutors won their races in Orlando, Florida, and Austin, Texas. But UC Berkeley political science professor Eric Schickler says the mounting defeats in California reveal the need for recalibration.

“Social movements often come on the scene with a very big and bold vision,” Schickler said. “To the extent that they are successful and involved in real governance, they tend to be pushback forces. It is difficult to change everything at once. “There is a built-in resistance both bureaucratically and among the public.”

In California, these district attorneys faced an additional hurdle because the state allows voters to recall prosecutors before their terms expire. Price lost office only two years into a six-year term.

“Some of these prosecutors, especially those facing recall, were put in really tough positions, barely able to get anything in place in office before wealthy interests mobilized to collect enough signatures to oust them. Associate in Law at UC Berkeley said Becca Goldstein, associate professor.

Dan Schnur, a political analyst and professor at the University of Southern California, attributes Price and Gascón’s defeat to ideological and administrative factors. When voters expressed growing concern about what they saw as a lenient response to public safety and criminal justice, Schnur said prosecutors did not recognize them.

“The best politicians are those who can adapt to and address these changes in public opinion,” Schnur said. “Those who fail to comply become former elected officials.”

What’s next for Alameda County, LA?

In the wake of their defeat, criminal justice reform advocates are taking a closer look at their strategies.

Boudin, who is now executive director of the UC Berkeley Center for Criminal Law and Justice, said criminal justice reform advocates need to do a better job of messaging the vision for their policies.

“You can’t expect elected prosecutors to do the job of solving homelessness and substance use. They don’t have the tools (or authority)…so how can we as a movement make sure we elect not only progressive prosecutors, but also mayors, boards of supervisors, and city councils who are volunteers? Do you want to carry out policy studies that will solve these problems? he said. “Because if we keep dumping them into the criminal justice system, it’s not going to work.”

He said district attorneys cannot and should not be expected to solve all the world’s problems.

“It’s ridiculous to think that it’s the prosecutor’s job to clean up Skid Row,” said Garrett Miller, president of the Los Angeles Public Defenders union. “This is a societal failure… it’s not just the prosecutor’s issue, it’s not really his responsibility – even though he claims it is.”

It is unclear who will replace Price. The Alameda County Board of Supervisors will appoint an interim person to lead the office through 2026. The election is final in Los Angeles County, and Hochman is expected to make sweeping changes once he replaces Gascon on Dec. 2.

“We are absolutely terrified for our customers,” Miller said. “This is a very serious change. Much more will take significantly more time. That’s the truth of the matter.”

Michele Hanisee, president of the Los Angeles Deputy District Attorneys Association, said “everyone is really excited” to see Hochman take over.

“We will quickly see the highly trained professionals in this office use their experience and knowledge, based on facts rather than blanket policies, to make decisions about the best outcomes for cases,” he said. “This is best for the defendants, the victims and public safety.”

Alameda County Chief Public Defender Brendan Woods said district attorneys like Gascón and Price “are moving the prosecution in the right direction, but it really should have been going in that direction all along.”

“I think there is room for prosecutors to do the right thing regardless of your label,” he continued.

What do voters want?

In Alameda County, Price was recalled with nearly 65% ​​of the vote. Nathan Hochman defeated Gascón with nearly 60% of the votes.

“To tell you the truth, I would like to believe that this is the end (of the progressive prosecutorial movement),” Schubert said. “Any mainstream career prosecutor will tell you that yes, we support reforms. But after all, it cannot be excessive. It must be based on the facts of the law. Every case is unique.

These concerns were echoed by Napa County District Attorney Allison Haley, who supports Proposition 36.

“There seems to be this notion that everyone would be better off going to class and never engaging in criminal activity again. That kind of naiveté is harmful,” Haley said. “That may be true of a lot of people we see through the criminal justice system. But we’re very good at sanitizing what we do.” “We did our job because I believe oppression exists.”

Groups supporting Gascón and Price say their defeats don’t mark a far cry from voters’ investment in criminal justice reform. Proponents of Proposition 36, for example, talked more about diversion. People convicted of drug crimes receive treatment.

Hochman changed his political affiliation from lifelong Republican to independent before running for district attorney. During his candidacy, he cited the need for more rehabilitation opportunities for incarcerated people and more community service programs for first-time nonviolent offenders.

This shows that some voters who support progressive prosecutors are not moving away from those values ​​but are expressing frustration that things aren’t changing fast enough, said Cristine Soto DeBerry, executive director of a nationwide organization that supports reform-oriented approaches. public safety.

“I think voters and residents in California need and want to see a justice system that actually works; This isn’t just a revolving door or a dungeon; a justice system where we can find ways to solve problems. to rehabilitate people so we can find better ways to help victims heal,” Soto DeBerry said.

Irwin said California prosecutors “rejecting” their tough-on-crime credentials signal a shift.

“This is really the story of the evolution of progressive prosecutorial office in California, where prosecutorial candidates are now running mainstream to embrace reform in the state,” Irwin said. “They know that the approach they have taken for the last 30 years is no longer tangible to Californians. “I hope they actually do the reform-oriented investigation work, rather than lip service at election time.”

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CalMatters reporter Joe Garcia contributed to this report.

Cayla Mihalovich and Joe Garcia are California Local News fellows.

CalMatters.org is a nonprofit, nonpartisan media initiative covering California politics and policy.