PROSECUTION AND DEFENSE
Far too often, the historically adversarial relationship between District Attorneys and Public Defenders is an obstacle to progress and justice. Serving our communities must always be the top priority. That starts with recognizing that although the prosecution and defense are on opposite sides of the courtroom, some of their goals align, and collaboration can achieve improved outcomes for all. Sign on if you agree!
Once a person is charged with a crime, the criminal justice system — at least at the individual level — is and ought to be adversarial. It was designed this way purposefully, on the premise that partisan advocacy on both sides of a case leads to the most fair determination of the binary outcome of guilt or innocence.
But achieving truly fair outcomes in an adversarial context requires that the prosecution and the defense are both adequately and equally positioned to best advocate their cases — a scenario that has proved rare in our justice system. True system change requires cultivating a new culture between the prosecution and defense — one that recognizes the tension between an adversarial relationship at the individual level, and a collaborative one at the policy level. Reform can be achieved through a mutual recognition of the shared pursuit of justice, and a willingness to collaborate across institutions in order to achieve it.
Lucy understands that District Attorneys have an obligation to pursue unprejudiced outcomes and provide equal access to the Office for all members of the community — including people charged with crimes — regardless of their means or connections.
To foster collaboration between ADAs and defense counsel, Lucy will:
Support equal pay for prosecutors and defense counsel.
Advocate for additional funding to defense organizations to enable them to support their clients through alternatives to incarceration and re-entry.
Institute a campaign fundraising policy that guarantees no special treatment for donors and private attorneys.
Enact strict protocols for any appeals from defense counsel that ensure consistent treatment whether counsel is public or private.
Establish a true open file discovery policy, providing the defense with everything in the Office’s possession.
Include leadership from Manhattan’s public defender agencies in her transition team.
Hold regular meetings between management-level public defense personnel, the District Attorney, and bureau chiefs to ensure that actions of the line ADAs comport with Lucy’s articulated vision.
Advocate for collaborative training in between public defense agencies and the District Attorney’s Office in best practices like adolescent brain development, behavior change, trauma-informed prosecution, discovery, trial protocols and legal standards.
Work collaboratively with defense organizations on reform-focused projects such as the expansion of alternatives to detention and problem-solving courts.