Then District Attorney Chesa Boudin speaks to his supporters at a campaign fundraiser on June 3, 2022 in San Francisco, California.
During last year’s midterm elections, Republican candidates across the country tried to exploit sensationalistic media coverage and voter polls that identified crime and public safety as a top issue of concern. The manufactured frenzy largely failed as an electoral strategy — Democrats far outperformed expectations and actually picked up a seat in the Senate. Still, too many Democrats took the bait and sound criminal justice policy is suffering as a consequence.
In New York state, officials rolled back pretrial release reforms for poor people who can’t afford bail. Meanwhile, despite widespread claims about being defunded, police budgets across the country surged without any demands for accountability. Even in liberal San Francisco, the mayor’s office closed a supervised drug consumption site while ratcheting up policing of drug users with results as predictable they were tragic: the city is suffering its most fatal year of overdoses on record, by far.
Devastating as it is to watch, the current public discourse and policy conversations surrounding criminal justice are too often devoid of evidence or even, it seems, short-term memory. Instead of showing leadership, most politicians are kneecapping efforts to move toward workable solutions. As I learned during my two and a half years as San Francisco’s elected District Attorney, it takes far more than winning elections to achieve lasting progress.
That’s why, rather than seek another elected office in 2024, I’m choosing a different path for now — one that is still consistent with my lifelong commitment to fixing the criminal legal system, ending mass incarceration, and innovating data-driven solutions to public safety challenges.
This week, I was named the founding executive director of Berkeley Law’s new Criminal Law & Justice Center. The center will serve as a national research and advocacy hub focused on critical law and policy changes to advance justice in the criminal legal system. We will participate in impact litigation and help to educate the next generation of front-line advocates, policymakers, and thought leaders emerging from Berkeley Law. Through research, education, and advocacy, the center will build broad, diverse coalitions that ensure, no matter who is elected to a particular office, there is accountability and political space for government to follow factual analysis rather than naked ideology.
In my new role, just as I did as district attorney, I will continue to draw on networks of advocates, activists, judges, and legal practitioners to support reform and advance safety in ways that are rigorous, principled, and responsive to the lived experiences of directly impacted communities. The center will systematically evaluate the outcomes of specific policies and communicate to the public which policy changes are essential to enhancing public safety and justice.
For example, we will initiate an in-depth analysis of the implementation of California’s new Racial Justice Act, which prohibits the state from obtaining a criminal conviction or from imposing a sentence based on race, and which provides for retroactive relief for those already sentenced. The bill was enthusiastically supported by reform advocates but vigorously opposed by the ultra-conservative California District Attorneys Association on the grounds that it was “impractical, unfair, unnecessary, and incredibly costly.” Let’s find out.
Meanwhile, jail diversion programs, which provide certain categories of vulnerable people accused of lower-level offenses the opportunity to earn dismissal of charges through court supervised programming, usually over a period of years, were loudly criticized during my tenure as district attorney. But widespread implementation of these programs has barely had time to get off the ground. Comprehensive outcome studies that explore fiscal consequences, connections to criminal recidivism, or implications for due process rights of either the accused or of victims largely don’t exist for recently-enacted efforts.
It behooves all of us to pin down what does and doesn’t work in the criminal justice space, and to foster a political climate capable of actually adopting good public policy consistent with our principles and our constitution. This country’s inability to marshal limited resources effectively, and to enact policies and practices grounded in data and science, is a betrayal of our common democratic values. Fixing this status quo will require more than following polls, viral tweets or going with our guts.
Both of my biological parents were arrested when I was a baby and spent a combined 62 years in prison. A lifetime of visiting them behind bars, together with the years I spent as a public defender and then an elected prosecutor, taught me how catastrophically California and the nation’s current approach to justice is failing.
Electoral politics will only take the criminal justice reform movement so far. Winning a few big elections isn’t enough, on its own, to create lasting change. I learned a lot while in office, including that how people feel often matters more than data and facts.
The long-term task and responsibility of those who believe in a more just criminal legal system is to educate the public to see these issues with greater clarity — and to mobilize that public to build institutions and infrastructure capable of supporting a society that is safe and just for all. That work is now more important than ever. I look forward to the challenge of taking it on.
Chesa Boudin is executive director of Berkeley Law Criminal Law & Justice Center.
Chesa Boudin: Why I’m not running for office in 2024
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31.05.2023
Then District Attorney Chesa Boudin speaks to his supporters at a campaign fundraiser on June 3, 2022 in San Francisco, California.
During last year’s midterm elections, Republican candidates across the country tried to exploit sensationalistic media coverage and voter polls that identified crime and public safety as a top issue of concern. The manufactured frenzy largely failed as an electoral strategy — Democrats far outperformed expectations and actually picked up a seat in the Senate. Still, too many Democrats took the bait and sound criminal justice policy is suffering as a consequence.
In New York state, officials rolled back pretrial release reforms for poor people who can’t afford bail. Meanwhile, despite widespread claims about being defunded, police budgets across the country surged without any demands for accountability. Even in liberal San Francisco, the mayor’s office closed a supervised drug consumption site while ratcheting up policing of drug users with results as predictable they were tragic: the city is suffering its most fatal year of overdoses on record, by far.
Devastating as it is to watch, the current public discourse and policy conversations surrounding criminal justice are too often devoid of evidence or even, it seems, short-term memory. Instead of showing leadership, most politicians are kneecapping efforts to move toward workable solutions. As I learned during my two and a half........
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