I left my local neighborhood farmer’s market this weekend with more than a bag of tomatoes. I came away with a clarity that I did not have before about the efforts behind the recall of Alameda District Attorney Pamela Price. Although I usually walk silently past signature gathering tables for initiatives that I do not support, my inner voice broke through this time and I asked the people staffing the table, why they want to recall someone who is working to make real changes in the community?
The response was not what I expected. The woman with whom I spoke was passionate about the recall campaign. Instead of the usual conservative rhetoric, however, vowing to rein in “progressive prosecutors,” in a transparent effort to limit their power to reform our historically racist and unequal criminal justice system, this woman had a very personal agenda.
She did not see any connection to broader themes of national politics, or the way Republicans exploit crime to gain political advantage. She was not aligned with conservative think tanks, like the Heritage Foundation, who vilify the likes of George Soros, who financially support “re-imagining prosecution.”
But most surprising of all, was a lack of context. That our criminal justice system is inherently racist, and that people of color are significantly over-represented in the prison population is not a secret. Yet the idea that someone like Pamela Price is trying to address the systemic problems within the system by more thoughtfully exercising her discretion as a prosecutor did not even register consideration.
The Progressive Prosecutor Movement is founded on the idea that prosecutors will use their power and discretion to effect the change that is essential to bringing fairness and racial equity to our criminal justice system. This, in part, will be accomplished when prosecutors use their discretion to reduce mass incarceration and racial disparities, particularly in charging decisions and in sentencing recommendations for those convicted of crimes. While not all reform minded prosecutors have the same approach, they share the belief that incarceration as a knee-jerk response to social ills only perpetuates an unfair system.
Fixing the criminal justice system is not something that can be accomplished overnight. Successes of progressive prosecution, like lessening the numbers of people in prison and helping to support and stabilize the lives of those caught up in a revolving door of arrest and incarceration, are not as immediately visible as the perceived failures of top prosecutors holding office.
Crime in the community is real. When people feel unsafe, they want immediate solutions. But the claim that reform-minded prosecutors’ approach is fueling violent crime has been shown to be demonstrably false.
The overwhelming sense that I got from the recall enthusiast was that Pamela Price was rude and not responsive to her concerns and those of her community. She lamented what she reported was Price’s lenient treatment of a “murderer” who was simply let out of custody with no further consequence, not even probation. It is likely that if the defendant was, indeed, released from custody after being charged with murder, there is a lot more to that story. That, however, is beside the point. It is the perception that Price, like other progressive prosecutors, are avowedly pro-criminal and decidedly anti-victim that makes their tenure vulnerable.
While there are certainly steps that can be taken to make our streets safer, heavy handed prosecutorial decisions and increased police presence are not long-term solutions. What I learned at the Farmer’s Market was that a real dialogue between Pamela Price and her detractors might bear fruit. For her part, Price would benefit from a coherent explanation of her goals and how she means to get there. Perhaps providing more context for why changes are necessary and how their success or failure can only be fairly assessed after adequate time to take hold would help those in favor of her ouster see that there might be light at the end of the tunnel.
Progressive prosecutors, who engage with the community and use their discretion to bring fairness and racial equity to our criminal justice system should, at a minimum, be allowed to serve out their term. Fixing our broken criminal legal system will take time. Progressive prosecutors are not to blame and may provide much needed solutions, given half a chance.
Bobbie Stein is a Bay Area attorney and writer.
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