Should Progressives Be Prosecutors?

I've been thinking a lot about a comment former prosecutor Paul Butler (left) made in a recent interview with The Crime Report, saying he doesn't believe progressives should be prosecutors because it's nearly impossible to change the system from the inside. Butler served as a federal prosecutor for many years before becoming a law professor, and says his dreams of making a difference quickly evaporated:

I think about this a lot because I get approached by a lot of my law students who have the same kinds of concerns and say, (they) think the way to make a difference is to be a prosecutor because pros have so much power and (they) could exercise that power in a progressive way. That was also my thinking. I went into that work as kind of an “undercover brother.” I was going to be the person who tried to channel law enforcement in a way that would benefit the communities that I came from. And I got sucked up. As I say in the book, it wasn’t so much hoodwinked as seduced…you really do get channeled towards locking people up. You understand that there’s an argument on the other side, but it’s not your job, caring about the rights of people who are accused is what the defense attorney does.

I don't have the experience Butler has, so please take my reaction with a grain of salt - but I disagree. I'm not a lawyer and I don't plan to ever work with a prosecutor's office, as my beliefs so often conflict with the tasks before prosecutors. But I've had conversations with many law students planning to become prosecutors as well, and I cheer them on. We need progressive prosecutors because we need a functioning and compassionate system of law. If all progressives opt out and only hard-liners become prosecutors, there will be nothing to change the lock-em-up culture we currently have. Perhaps Butler's right and it's an unachievable goal, but if we urge progressives to stay away, we're dooming ourselves to a divided system with little hope for change.

Dallas DA Craig Watkins is an extreme example, but I would love to see more prosecutors like him. A former defense attorney, Watkins ran for the job in an effort to restore respectability and fairness to an office with an ugly history. He made "smart on crime" (rather than tough on crime) the mantra of the office. He created the country's first Conviction Integrity Unit to examine possible wrongful convictions, because when the wrong person is in prison, the real perpetrator often remains free. He compromises. He is personally opposed to the death penalty but seeks it in extreme cases because it's his job to represent the wishes of county citizens.

We don't just need progressive DAs, we need foot soldiers, too. There are countless Assistant District Attorneys in our country who do their jobs well, who follow strict ethical codes and whose work keeps the legal system functioning. Yes, they must occasionally compromise their beliefs and seek the death penalty in a murder case or a long sentence for a drug crime. But they are involved in the sentencing discussion with higher-ups, where they can have real influence. And young prosecutors will soon be the higher-ups.

There's a place for legislative change and outside advocacy in criminal justice reform, but change from the inside is a facet of every cultural shift. We can change as many laws as we want, if we still have an army of DAs seeking wins before justice, reform will come all too slowly. It will always be a human system and if we don't have thinking, caring people in these positions of power we will continue to sentence ourselves to injustice day in and day out.