Press Release  Response re social justice

Cape and Islands District —            I have read with interest over the past several days the articles in the Globe and Commonwealth Magazine; Study finds merit in not prosecuting low level offenses, Globe 3/30/21, Cutting low level offenders a break really works, Globe 3/31/21, Study finds not prosecuting misdemeanors reduces defendants’ subsequent arrests, Commonwealth Magazine 3/29/21.  After reading the articles it became clear that they were describing the diversion programs that district attorneys’ offices across the Commonwealth have been utilizing for years.  Publications like the Globe and Commonwealth Magazine are apparently just discovering this and are crediting the new “progressive prosecutors” for something we have done for years.

            In my jurisdiction for example I began a juvenile diversion program twenty years ago and as of March 30, 2021, 3,438 kids have gone through it. In July of 2006 I started a youthful diversion program for 18-21 year olds. As of March 30, 2021, 3,408 young adults have been diverted from the criminal justice system by that program, for a total of 6,846 young people.  Our diversion programs work with individuals charged with minor offenses by offering an alternative to the court process. Those participating in the program must take responsibility for their actions and sign a contract along with their caregivers. They agree to participate and comply with all of the requirements of the individualized program.

            In their editorial the Globe mentioned a piece I wrote for them at their request back in May of 2019 critical of the “social justice district attorney”. I argued then that some of these progressive efforts “though well intentioned are flawed.”

            I said then and say again now that announcing that whole categories of crime like shoplifting, drug distribution and other crimes will not be prosecuted is not the job of a district attorney and sends the wrong message. That is the job of the legislature. The district attorneys’ job however does include the exercise of his or her discretion as I and my colleagues have done over many years.

            If evidence of the effect of the “flaws” I mentioned is needed I suggest that the Globe look at the escalation of serious crime in San Francisco, Philadelphia, Baltimore, Chicago, Los Angeles and New York to name a few.

            San Francisco, murder up 35% in 2020. Philadelphia, 356 homicides in 2019, the most in more than a decade. Baltimore, 348 murders in 2019 versus 309 in 2018. Chicago, 493 homicides in 2019. Los Angeles, murder increased in 2020 by twenty percent over 2019 according to University of Southern California Annenberg School of Journalism. New York City shootings and murders skyrocketing according to the New York City Police Department, 97% more shootings, 44% more murders in one year, all cities with “progressive” prosecutors and mayors.

I rest my case.

Michael O’Keefe
Cape & Islands District Attorney

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