So Joe, while some of these images of course are shocking to look at, they're absolutely not
surprising to anyone who lives in San Francisco. Given what's happened in the last few years there,
which is the district attorney has signaled there, we're just not going to prosecute property
crimes. We're going to do it at a much lower rate than it's ever been done. In fact, it will be a
misdemeanor if you steal less than $950. That was a proposition of referendum that passed in that
city. All the signals, and it's not just San Francisco, but it's what we're talking about
here, are that if you want to go in and steal stuff, we're going to sit back and let it happen,
or at least we're not going to prosecute you after we catch you. Well, I mean, it's in San
Francisco. And by the way, I'm not sure what the mayor of San Francisco is talking about. We must
stop this. I mean, it's been happening for a couple of years now. A good friend of ours went
into a Louboutin store to get a pair of sweats. About 10 people stormed into the store, pulled
out guns, and just started piling stuff into suitcases. San Francisco is out of control.
Portland is out of control. And you look, in part, you're right, Willie. I mean, laws have
consequences. And I don't know who sent the memo out that, like over the last couple of years,
it was a dawning of the age of Aquarius, and we actually didn't have to worry about crime
and punishment. But we do. We do. And when you don't, these are the consequences.
The role of the prosecutor is to pursue justice. This primarily means enforcing the laws passed
by the representatives of the people. Enforcement protects citizens from future crime, but also
offers some measure of satisfaction to the victims of crime. This is the basis of civil
society. Over the last several years, a growing number of American cities have elected prosecutors
who are de-emphasizing enforcement. This is by design. These prosecutors openly vow to reform
the criminal justice system by means of selective prosecution. Their motive, seemingly well
intentioned, is that criminals do better when they're not incarcerated, that many people who
are in jail shouldn't be there because they don't present a danger to society. So what does this
reform look like? Here are just a few examples. In Boston, Suffolk County District Attorney Rachel
Rollins has ceased prosecuting 15 different offense categories, including charges like trespassing,
stealing less than $250, destruction of property, and drug possession with the intent to distribute.
In Brooklyn, Eric Gonzalez has either refused to prosecute or has rerouted many gun offenders
to pretrial diversion programs. In Los Angeles, George Gascon has actually prohibited prosecutors
from speaking at parole hearings. This forces victims and their families to take on the burden
of speaking in opposition to early releases. He has also ordered his prosecutors not to pursue
sentencing enhancements enacted by elected representatives, including those for third
strikes and gang-related offenses. In San Francisco, Chesa Boudin instituted a policy
prohibiting prosecutors from seeking bail and heavily restricted their ability to ask for
pretrial detention. This is not a fringe movement. In addition to the four cities just mentioned,
St. Louis, Baltimore, Chicago, Dallas, Houston, Orlando, Portland, San Antonio, and others have
taken the same route. In fact, more than 40 million Americans now live in cities with so-called
progressive prosecutors. That's a lot of reform happening outside the institutions designed to
make the law—state, county, and city legislatures. And that's concerning for a couple of reasons.
First is that a single official shouldn't be able to sidestep the political process
and decide what laws to enforce or not. But a second, larger, and more obvious concern
is that these changes aren't making our cities safer. Based on the data, they seem to be making
our cities less safe. Take, for example, George Gascon's ban on third-strike sentencing.
In 2007, economists studied the deterrent effects of California's three-strikes law.
What they found was a 17 to 20 percent reduction in the felony arrest rate among those with two
strikes. That's a pretty big benefit to throw away on one-man say-so. How about the goal of sharply
curtailing pretrial detention? The data out of jurisdictions like New York and Chicago tell us
that increasing the number of pretrial defendants out on the street will most likely mean more
crimes committed by that population. Crimes local residents could certainly do without.
One study of Chicago's bail reform concluded that after more generous release procedures were put
in place, the number of pretrial defendants charged with committing new violent crimes
increased by an estimated 33 percent. In New York, the share of violent felony arrests constituted
by those out of jail either on reduced bail or released without bail while awaiting trial for
previous crimes jumped by more than 27 percent in the first nine months of 2020, the year New York
State's bail reform went into effect, and that's compared to the same period in 2019. A few other
stats are worth noting. Baltimore's progressive DA Marilyn Mosby took office in January of 2015.
Between 2015 and 2020, Baltimore has averaged 111 more homicides annually than the six-year
period before Mosby came into power. Chicago's Kim Foxx took office in December of 2016.
Under Foxx, between 2017 and 2020, there were 90 more homicides annually than there were between
2013 and 2016, the four-year period before she took office. Larry Krasner was sworn in as
Philadelphia's DA in January 2018. During the three years he's been in office, the city has
seen 112 additional homicides annually compared to the three-year period before he took over.
It would be unfair to say that the progressive DAs in these cities are entirely responsible for
these increases. Why certain crimes rise and fall is complicated, but the data is alarming. We all
want to see fewer people in prison, but only, common sense would seem to dictate, if they stop
committing crime and become productive citizens. By all indications, this is not happening. If it
were, you can bet we'd be hearing about it. In fact, crime is surging to levels not seen in decades.
The victims, all too often, are the people who live or work in the very communities these reforms
are meant to help. Reform doesn't necessarily mean better. It can often mean worse. In the case of
progressive prosecutors, perhaps much worse. I'm Rafael Mengual, Senior Fellow and Deputy
Director of Legal Policy at the Manhattan Institute, for Prager University.