Philly’s new top prosecutor is rolling out wild, unprecedented criminal justice reforms.

In the church, queries and complaints from constituents that might have made his predecessors cringe were softballs for Krasner: a loved one has been wrongfully incarcerated? Send the case to the revamped Conviction Review Unit, a sort of in-house innocence project. How can lying officers be kept off the stand? He has staff working to verify and expand a formerly secret “do not call” list of 29 suspect officers. Late in the meeting, one elderly woman asked a question that cuts to the core of concerns for those who doubt Krasner’s reforms: What would he do about the drug dealers and users on her street that make her feel unsafe? He didn’t miss a beat: “The past solution was to lock [corner drug dealers] all up and that didn’t work. We have to go after root cause,” he says. This came after an extended riff promising “to go after doctors, and pharmaceutical corporations” for their role in the nation’s opioid crisis. Notably, his office had already initiated legal proceedings against some of those pharmaceutical companies.

…Krasner issued a memo to his staff making official a wave of new policies he had announced his attorneys last month. The memo starts: “These policies are an effort to end mass incarceration and bring balance back to sentencing.”

Over 90 percent of criminal cases nationwide are decided in plea bargains. …In an about-face from how these transactions typically work, Krasner’s 300 lawyers are to start many plea offers at the low end of sentencing guidelines. For most nonviolent and nonsexual crimes, or economic crimes below a $50,000 threshold, Krasner’s lawyers are now to offer defendants sentences below the bottom end of the state’s guidelines. So, for example, if a person with no prior convictions is accused of breaking into a store at night and emptying the cash register, he would normally face up to 14 months in jail. Under Krasner’s paradigm, he’ll be offered probation. If prosecutors want to use their discretion to deviate from these guidelines, say if a person has a particularly troubling rap sheet, Krasner must personally sign off.

…Krasner’s lawyers are also now to decline charges for marijuana possession, no matter the weight, effectively decriminalizing possession of the drug in the city for all nonfederal cases. Sex workers will not be charged with prostitution unless they have more than two priors, in which case they’ll be diverted to a specialized court. Retail theft under $500 is no longer a misdemeanor in the eyes of Philly prosecutors, but a summary offense—the lowest possible criminal charge. 

…When a person does break the rules of probation, minor infractions such as missing a PO meeting are not to be punished with jail time or probation revocation, and more serious infractions are to be disciplined with no more than two years in jail.

In a move that may have less impact on the lives of defendants, but is very on-brand for Kranser, prosecutors must now calculate the amount of money a sentence would cost before recommending it to a judge, and argue why the cost is justified. He estimates that it costs $115 a day, or $42,000 a year, to incarcerate one person. So, if a prosecutor seeks a three-year sentence, she must state, on the record, that it would cost taxpayers $126,000 and explain why she thinks this cost is justified. Krasner reminds his attorneys that the cost of one year of unnecessary incarceration “is in the range of the cost of one year’s salary for a beginning teacher, police officer, fire fighter, social worker, Assistant District Attorney, or addiction counselor.”

…Krasner’s election was consistent with Philadelphia’s recent mood around criminal justice. Two years ago, the city elected Mayor Jim Kenney, who Philadelphia Magazine labeled “Mr. Criminal Justice Reform.” Under his leadership and with the help of a multimillion-dollar grant from the MacArthur Foundation, the city has brought the jail population down by 26 percent since July 2015.

Philly’s new top prosecutor is rolling out wild, unprecedented criminal justice reforms.

Wild.

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