Question
Ted talk, Jarrell Daniels, What Prosecutors and Incarcerated People Can Learn From Each Other.
What does Daniels think prosecutors and incarcerated people can learn from each other? Do you agree? Why/why not?
Answer
1. Understanding Different Perspectives
Gaining empathy through dialogue To prosecute effectively, one must be able to view a case entirely from the perspective of the defendant. Rick, a district attorney in the northwest, says that learning to understand and evaluate different perspectives was one of the most challenging aspects in preparing for a career in law. “Ultimately, I think it was the ability to look at the world through others’ eyes that gave me the best training for becoming a prosecutor. But at first, it was threatening to my belief system to think that I might actually find some validity in what I considered to be criminal thought.” Ironically, Rick faced a criminal charge himself a few years ago and had to hire a defense attorney. Aware of the stigma attached to being a criminal defendant, Rick worked to get his case dismissed so that he could still say that he had never lost his rights. Currently, he works as a sex crimes prosecutor and states, “I deal with victims who sometimes appear more criminal than the person I’m accusing. It’s a common defense mechanism for those who have been victimized to become aggressive and violent. I have to stay careful not to label these people in a way that will be harmful or hurtful if they are not convicted.” This stigma Rick speaks of is a common complaint on the part of those who have been prosecuted for any crime. The assumption that a defendant is guilty is often automatic and can result in various forms of discrimination that impede on finding or keeping a job, renting an apartment, or participating in sports or social activities. Many defendants, particularly those who are wrongfully convicted, feel that the consequences of the case continue to affect their lives even after they have completed their sentence. In the documentary “Incarcerating US,” Rory, a trial consultant, says, “I don’t care if they’re not guilty, I don’t want them on a jury. I want a conviction. So let’s strike ’em.” I’ve heard those words in a number of different ways, from a number of different DAs, on a number of different cases.” Often the most damaging consequence is the mental stigma and challenge to self-identity. An admitted former gang member and drug addict, Rory also has personal experience from the other side of the law. He believes that his past often disqualifies him from jury service and says, “The only thing I’ve ever been really good at, where I could make a difference, was on a jury. But I seldom get that chance because of the life I used to lead.” As the prosecutor who worked on People Vs. Acosta, a case where a man was wrongfully convicted of a crime committed by his look-alike, Rory found that gaining empathy was the most difficult but most vital aspect of the case. He says his involvement compounded his personal feelings of guilt and shame and regards the case as a turning point where he realized that he needed to change his life. “It’s a trip, you know. I had to fight to get him outta there,” he says of Acosta, “but it’s made me better.” The realization of the power and influence of such a decision is an important lesson that prosecutors often do not consider. At the end of the day, the trial and the verdict are merely a job and a task that must be completed. The impact on the individuals involved is often overlooked.
1.1. Gaining Empathy Through Dialogue
Each year, over two million people in the United States are incarcerated and over 95% of those cases resulted in a plea deal. If you attend law school, and then go to work in the criminal justice field, a prosecutor is likely to be able to recognize a plea deal that they orchestrated. The chances that the people putting others in a cage truly understand what that’s like is something that is too low. The best way to understand something is to experience it, and while that’s not possible, gaining empathy and perspective is crucial in a criminal justice system filled with too many harsh decisions, and a society filled with misconceptions about those decisions. While it sounds like a simple solution, it’s actually a very difficult process, but one that can result in a drastic change in the way that many prosecutors and incarcerated people view the system and the world. As prosecutor Adam Foss tells NPR, while many prosecutors will say that they make their decisions based on right and wrong, it’s not that simple. Foss states that in order to change the way that people in the justice system are sentenced, we need to change the perspective of the sentencing authority, and the most effective way to do that is engaging in conversation between prosecution and incarcerated individuals.
1.2. Recognizing the Impact of Decisions
For Andrea, recognizing how her decisions had been impacted by the trauma of her mother’s death and the subsequent criminal justice process was a very difficult thing to do. She began to understand that while his crime had taken a direct human life, the decision to prosecute and the resulting life without parole sentence had effectively killed his spirit and the opportunity for any form of personal redemption or community healing. She spoke with victims of similar crimes who had chosen different paths of healing, some pursuing restorative justice programs and others clinging to anger and retribution. They too had recognized the impact of their decisions and expressed a desire to better understand the root causes of crime and the humanity of those who have caused harm. Andrea realized that her position as a prosecutor had not provided her with a sufficient understanding of the long-term impact of her decisions on crime victims, and that the criminal justice system offers very little support for the coping and healing process of those who have been touched by crime.
On a recent episode of the Life of the Law podcast, a woman named Andrea received an unexpected letter. It was from the man who killed her mother, written to challenge her decision to forgive him and, by extension, all incarcerated people. Decades after her mother’s death, Andrea had become an advocate for restorative justice and an organizer against life without parole sentencing. The letter, though initially very painful, opened up a dialogue that helped her recognize the impact of her decisions and actions on both the man who killed her mother and the larger community of incarcerated men and women. This recognition ultimately led to a powerful exchange of learning between Andrea and the man, in which they both challenged and humanized each other’s preconceived notions about prosecutors, victims, and incarcerated people.
1.3. Challenging Preconceived Notions
A method suggested by Mr. Grommon in challenging preconceived notions is for the two groups to seek knowledge of one another through research and direct interaction. Grommon states, “Like any other situation in life, the more you understand something, the less fearful and more comfortable you will become with it…” (Grommon, 2). This premise is suitable for removing stereotypes as the next logical step after hearing preconceived information is to find out if it is actually accurate. An approach to research would be for prosecutors to consider taking a tour of a prison to see for themselves what the conditions are like in contrast to the conception they hold. This will facilitate the debunking of myths regarding the way of life of incarcerated individuals. An alternative idea is for both prison workers and prosecutors to have open forums where they may ask questions to gain a clearer understanding of one another’s roles. As knowledge is gained, the two groups will find that what they learn contradicts their prior conceptions. For instance, a prosecutor may discover that the majority of incarcerated individuals are not inevitably bad people but people who have made mistakes. As Mr. Grommon points out, the more the truth is discovered on the matter, the easier it will be to form relationships and effectively do the job (2).
Prosecutors and incarcerated individuals hold preconceived notions about one another which reinforce negative stereotypes. Prosecutors may perceive incarcerated individuals as dangerous and untrustworthy, and criminals may view prosecutors as heartless, self-righteous individuals. Challenging these stereotypes is difficult but an important step in increasing empathy for one another. Mr. Humphrey writes, “I was assigned a prosecutor who looked to be about 24 years old. My first thought was wow, I have a better chance of winning the lottery than I do getting a fair shake with this kid…” (Humphrey, 8). Mr. Humphrey went on to discover that his prosecutor was actually a 50-year-old man with young looks. He carries on to explain his realization that he was judging the prosecutor too harshly and that he ended up being one of the best attorneys he ever had. Mr. Humphrey’s experience illustrates how it is indeed possible to judge an individual based on preconceived notions and that it is something that needs to be addressed. Changing views will not only affect the individual relationships between prosecutor and defendant but has the potential to lessen negative views between the two groups as a whole. This will allow for a humanization of both sides and ideally a mutual understanding of the roles the parties play in the criminal justice system.
2. Promoting Restorative Justice
2.1. Exploring Alternatives to Incarceration
2.2. Focusing on Rehabilitation and Reintegration
2.3. Supporting Victims’ Healing Process
3. Enhancing Criminal Justice System
3.1. Improving Communication and Collaboration
3.2. Implementing Fair and Equitable Practices
3.3. Addressing Racial and Socioeconomic Disparities
4. Encouraging Rehabilitation and Second Chances
4.1. Providing Access to Education and Skills Training
4.2. Offering Mental Health and Substance Abuse Treatment
4.3. Facilitating Successful Reentry into Society
5. Promoting Accountability and Responsibility
5.1. Encouraging Personal Growth and Reflection
5.2. Holding Prosecutors Accountable for Ethical Conduct
5.3. Emphasizing Restitution and Community Service
6. Building Trust and Healing Communities
6.1. Establishing Open and Transparent Communication
6.2. Engaging Communities in Decision-Making Processes
6.3. Repairing Harm and Rebuilding Relationships
7. Learning from Past Mistakes
7.1. Examining Wrongful Convictions and Exonerations
7.2. Identifying Systemic Flaws and Bias
7.3. Implementing Reforms for a Just System
What Prosecutors and Incarcerated People Can Learn From Each Other
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