The 'Progressive Prosecutor' Myth

 

In his Op-Ed " The 'Progressive Prosecutor' Myth, (A27, 2/5), Malik Neal makes many indisputable assertions. Yes, persons accused of crimes are presumed innocent and should not be held in jail merely because they are too poor to post bail. Yes, mass incarceration is a national shame that disproportionately victimizes people of color. It is also probably true that many prosecutors who gained office by promising significant reforms of the bail system have failed to deliver.

But Mr. Neal is wrong to put the entire blame for the failings of the criminal justice system upon prosecutors as having the "power and voice" to dictate decision-making. The ultimate power to determine whether any accused person is to be detained or released rests exclusively with the judge handling the case. To the extent that judges defer to the recommendations of prosecutors, without independently weighing the risks of flight and potential harm to the public, they are abdicating their authority and responsibility to exercise sound discretion and to deliver impartial justice.

The unfortunate fact is that too many judges seem to lack the backbone to reject excessive bail demands made by prosecutors, for fear of public denunciation. When prosecutors, driven by that same apprehension, inflate their bail requests, the result is a toxic mix of justice denied.