Report shows progressive prosecutorial policies not linked to higher crime rates

US legal think-tank Brennan Center said that there is no connection between progressive prosecutorial policies and increased crime rates, in a report published on Wednesday.

The report revealed no correlation between progressive prosecutors and higher crime rates. Moreover, the report suggests that in the brief instances where the data diverges, crime rates under progressive regimes appear slightly lower in general. This rebutted the proposition that jurisdictions with pro-reform prosecutors experience rising or higher crime.

By comparing crime statistics from 38 US cities since 2018, the centre researched the effects of progressive, or “pro-reformist,” prosecutorial policies on national and local crime rates. Prosecutors categorized as “pro-reformist” were those who implemented policies like diversion from the criminal justice system, increased police accountability, use of data to mitigate racial bias, limits on excessively long punishments, reviews for wrongful convictions claims, and limitations on the use of money bail. As the report explained:

[T]hese prosecutors bring many different approaches to their work. They span the political spectrum and are found in urban and rural jurisdictions alike… [W]e use the term “pro-reform prosecutors” to indicate [those] who campaigned on or promised to reimagine the role of their office to broadly reduce unjust disparities in the justice system and decrease unnecessary incarceration.

Researchers compared crime rates in cities that have implemented pro-reformist policies against cities that have not. The report contrasted national crime trends between these groups in general, and also compared individual cities to general trends among comparison cities.

Additionally, the report looked at crime statistics in cities that have recently installed a pro-reformist prosecutor to see if any isolated change in crime rates occurred.

Researchers acknowledge other studies that have examined these policies’ effects on crime. While most point to similar conclusions, some have noted exceptions. In particular, another recent study found that while pro-reformist policies do not affect violent crime, slight upticks in property crimes have occurred following the installation of progressive prosecutors.

The report notes that prosecutorial discretion plays a major role in implementing progressive criminal policies. Many progressive prosecutors have chosen to not pursue certain minor crimes. Researchers underscore steps taken in Boston, Baltimore, Chicago, and St. Paul to limit indictments for crimes that do not affect public safety. The report argued these non-prosecution policies have produced positive results, citing a recent University of Toronto paper.

Researchers also highlight the logic of their findings and the reasons why these progressive policies might have little effect on crime rates:

Prosecutors’ offices do not singlehandedly reduce crime. Prosecutors occupy an inherently reactive role; they are tasked largely with prosecuting crime after it happens. Successful crime prevention strategies require input from community members, law enforcement, social service providers, elected officials, and faith-based groups, among others, all working together to improve public safety.