THE D.A. SPEAKS FOR YOU:
What Is He Or She Saying On These Issues?

Budget Crisis

California is facing the worst budget crisis in its history and yet the criminal justice system accounts for one of the largest expenses in the General Fund. Over the last 20 years, California's corrections budget has increased by 450%. We are locking up more people, at greater expense, despite decreases in crime rates. Meanwhile funding for schools, social services and community protection has been slashed.

District Attorneys drive the costs of the prison system through their choices about what charges to file and which plea bargains to offer. The community should be able to count on DAs to make decisions that are both fiscally smart and promote public safety. District Attorneys also have a powerful presence in Sacramento. They should use their influence to support reforms that save money – to protect our communities and protect other vital services that play a critical role in reducing crime, like education. [back to top ^]

Death Penalty

Because California doesn't have the money needed to fund investigations, expand crime labs, or relocate witnesses, half of all murders in the state go unsolved. Yet, District Attorneys continue to waste money on the death penalty, even though most people on death row die of old age just like those sentenced to permanent imprisonment. Each time the DA seeks the death penalty, it costs the county $1 million more than a non-death penalty case, and it costs the state millions more. If we were to convert all death sentences to permanent imprisonment instead, we would save taxpayers $1 billion over the next five years – savings that could be used to solve more crimes and promote violence prevention.

District Attorneys should put the needs of the community first: they should not pursue costly death penalty cases when they can seek permanent imprisonment instead. DAs who do continue to pursue the death penalty must take steps to minimize the risk of sending an innocent person to death row and ensure that the death penalty is applied fairly. [back to top ^]

Drug Laws

Studies show that, regardless of their race or ethnicity, people use and sell drugs at the same rate. But in many places, African Americans and Latinos are more likely to be prosecuted for drug offenses and more likely to be sent to state prison than people of other races. Similarly, people with more money are also more likely to avoid convictions and prison sentences because they can afford to post bail while they fight the charges or pay for private rehabilitation programs. District Attorneys should ensure that drug laws are enforced fairly and equally, regardless of how much money you have or the color of your skin.

Additionally, some District Attorneys send non-violent drug offenders to prison rather than to rehabilitation programs that cost less and reduce repeat crime. If non-violent drug offenders were kept in local facilities instead, the state could save $1 billion over five years. District Attorneys should encourage plea bargains that include drug treatment and rehabilitation in place of incarceration. [back to top ^]

Juvenile Justice

Zero tolerance policies in schools have led to greater criminalization of young people. When a school calls the police, the District Attorney decides whether to prosecute the behavior as a crime or to respond through another route such as school discipline. Frequently, low-income students and students of color enter the criminal system while their wealthier or white classmates are given alternatives. Once they are part of the criminal justice system, youth are much more likely to re-offend in a more serious way, creating a pipeline from schools to prisons. The DA also decides whether a child will be charged as an adult. Studies show youth charged as adults often grow up to be criminals: they re-offend more quickly, more seriously and at a higher rate than youth kept in the juvenile justice system.

District Attorneys should actively support alternatives to the criminal justice system for youth, such as mentor programs. DAs should apply their discretion in a fair and unbiased manner and support policies and local efforts to reduce the number of children in all communities who are brought into the juvenile justice system. [back to top ^]

Police Use of Force

The District Attorney's job necessitates a close working relationship with the police. But sometimes that relationship can get too close and can influence how the DA reacts to allegations of excessive police force or misconduct. The DA decides when to prosecute a police officer for using force that injures or kills. The DA also decides whether to pursue charges like resisting arrest against civilians in cases where officers used force. And the DA decides when to investigate and prosecute police for such crimes as planting evidence and lying in court. In these situations, the DA must act with independent judgment and in the interests of the community, and must not be influenced by special interests. The District Attorney can also play an important role in promoting cooperation and trust between the police and the community, by supporting civilian oversight of law enforcement, and by promoting transparency in responding to allegations of police misconduct. [back to top ^]

Rehabilitation and Prevention

Over 95% of California prison inmates will be released and returned to their communities. Rehabilitation programs are essential to reducing victimization and violent crime. California currently has among the highest rates of repeat offending in the nation. Yet, because of the budget crisis, we are dismantling nearly all rehabilitation programs in prison, meaning more people will go directly from prison to the streets with no support system, no new job training and no coping skills.

District Attorneys should support effective rehabilitation programs, in state prison and in the local community, programs that prepare inmates for reentry, protect public safety, and reduce the costs of corrections. DAs should create and support programs that provide a second chance, particularly to young adults charged with non-violent crimes, and DAs should support funding for drug, alcohol and mental health treatment. [back to top ^]

Three Strikes

The District Attorney is the critical decision maker under the Three Strikes Law – he or she decides whether a case should be charged as a second or third strike. Because a third strike can be as trivial as stealing a pair of socks, this decision can mean the difference between a short sentence in county jail or 25 years to life. DAs should adopt policies that limit three strikes charges to violent felonies. DAs should also support reforming the Three Strikes Law to ensure that the punishment fits the crime. [back to top ^]