Social change is occurring rapidly both globally and domestically, spurring increased discussion of social justice issues in both professional and informal settings. Corporations within the United States are expected to work diligently with their human resources departments to ensure cultural and identity acceptance is embedded in company policy and practices.

However, these same preventative measures are not taken in the legal profession and uniform standards remain scarce. Research studies and the press seldom focus their gaze on fundamental issues within our criminal justice system and an even smaller proportion focus on prosecutors’ roles in incarceration.

A recent work, “The Prosecutor Problem,” explores this under-researched issue in hopes to educate both the public and those in the legal profession. This article focuses on the role of prosecutors in raising and upholding incarceration rates, which subsequently affects BIPOC individuals disproportionately.

Further research demonstrates that prosecutors themselves are not aware of this issue and the power they hold, often resulting in negative consequences for the people, especially Black populations. A research study published by Utah Law in 2020 discusses methods and results of a national prosecutor study in which various prosecutors were presented with a hypothetical situation (minor assault with no injury) and how they would proceed.

Most prosecutors chose to charge 3 crimes, and some up to 11. Prosecutors are eager to put people in prison, as their success within their roles relies upon their personal contribution to the quantity of prison sentences.

Social inequalities permeate the justice system consistently, with little being done to change the current course. At Krizman Law, we are committed to remaining informed on issues of disparity, educating the community, and incorporating this knowledge into a holistic practice of law.

Read more on this important topic below:

The Prosecutor Problem (Brennan Center for Justice)

Prosecutors and Mass Incarceration (Utah Law Digital Commons)


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OpinionsOpinion: The Prosecutor Problem