Criminal justice changes in Virginia prompt debate over how prosecutors are funded by the state

A nonprofit consulting firm, Prosecutor Impact, advances the cause of reducing incarceration and related reforms by helping reform-minded elected district attorneys confront one of the greatest obstacles to change: their own staff's opposition. In Columbus, a two-week curriculum educated front-line prosecutors about local services that can serve as problem-solving alternatives to punishment. It also taught them about poverty's challenges and engaged them in dialogue with prisoners, to make them more open to alternative approaches, which a local defense lawyer says was successful.

In 2017, Ohio’s Fairfield County built a new jail that, for the first time in a long time, met minimum jail standards. Using bonds, the new jail included an increase in the amount of living space, better security standards, and more space and capacity for classes like drug and alcohol programming, GED prep, and job skill building. Six hours north, Wayne County looks to Fairfield as they face pushback in their attempts to create a new jail with similar improvements.

In Glasgow, Scotland, the city is taking a public health approach to knife crime. Instead of just grappling with the effects of violence, the city is taking a preventative, multi-pronged approach and addressing some of the underlying issues driving violence and crime in the area. While there are many interventions, common themes include building trust and offering support to those who could be vulnerable to committing violent acts.

As cities across the United States grapple with the decline in law enforcement applications and officers, New York is adapting by using a workload allocation model to figure out the number of police officers actually needed and in what positions. While other cities, like Memphis, seek private funding to hire more police officers – a model that hasn’t shown demonstrably to decrease crime.

Under a large grant St. Louis County is working to reduce jail confinements in the aftermath of the Michael Brown shooting, following several national models. There is also progress toward reducing fines and fees for small issues, with a focus on addressing racial disparities in arrests. But the efforts face challenges that include thousands of outstanding warrants under the old system and a shortage of public defenders.

Many offenders get out of jail owing hundreds or thousands of dollars in court and parole fees but face barriers to financing and job acquisition, sticking them in a punitive, vicious cycle of debt and arrest. A program called the Clapham Set, perhaps paired with conditional cash transfers - may be a solution, as it erases fees for felons who complete rehab and job training upon release.

LEAD (Law Enforcement Assisted Diversion) proved itself in Seattle as effective at addressing the underlying problems of people experiencing homelessness, by waiving their criminal charges if they accepted needed services. But the program's two-year test in Honolulu failed to gain traction because only some police bought into it, and the prosecutor's office never did. Instead of using criminal citations as leverage, the program was stripped down to an ordinary outreach effort, and managed to enroll only 50 people, not all of whom were helped. A new prosecutor and the police will make another go of it.

Manhattan Mental Health Court was created in 2011 to divert felony criminal cases to treatment, and away from prison, for people in need of mental health treatment. But few people with serious mental illness ever benefit from it. Too few defense lawyers know to request the intervention or do it correctly. Prosecutors act as gatekeepers in deciding who gets the help, and many do not see its value. And, once cases are admitted to the court, they can sometimes take years to be resolved. Covid restrictions on the courts have only aggravated these problems.

Drug courts can help some people with serious drug problems who face serious criminal charges, if such court programs are run carefully, based on evidence-based approaches. But, too often, such courts – which push criminal defendants into treatment as an alternative to incarceration – can do more harm than good. The proof of drug courts' effectiveness is mixed, and fairly thin. Thousands of such courts exist, based on widespread political support for an approach seen as less punitive. But many critics say the courts' track record overall is weak and their approach can be just another form of punishment.

Criminalizing domestic violence was considered a feminist-inspired advance for crime victims, but making arrests and prosecution the main responses to the problem has backfired in many ways. With funding and attention focused on punishment, other services for victims have been neglected. And expecting victims will aid in a prosecution, even jailing them for refusing, can ignore the rational choices many victims make for non-cooperation, based on their desire for safety, financial and housing security, to avoid maltreatment by police, and other reasons that point toward more promising responses.