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June 3, 2021

Prosecutors and Politics Project releases amazing "Prosecutor Lobbying in the States, 2015-2018"

The Prosecutors and Politics Project, a research initiative at the University of North Carolina School of Law, has just published this remarkable new report titled "Prosecutor Lobbying in the States, 2015-2018." Here are brief excerpts from the report's extended executive summary (which everyone should read in full):

American prosecutors are active lobbyists who routinely support making the criminal law harsher.  During the years 2015 to 2018, state and local prosecutors were involved in more than 25% of all criminal-justice-related bills introduced in the 50 state legislatures.  Prosecutors were nearly twice as likely to lobby in favor of a law that created a new crime or otherwise increased the scope of criminal law than a law that would create a defense, decriminalize conduct, or otherwise narrow the scope of criminal law.  And when state prosecutors lobbied in favor of a bill, it was more than twice as likely to pass than an average bill.

Prosecutors appeared to have more success when they lobbied in favor of a bill than when they opposed a bill.  Although bills with prosecutor support were twice as likely to pass, prosecutor opposition to a bill did not reduce its likelihood of passing.

Notably, prosecutors were more successful when they supported criminal justice reform bills than when they supported traditional law-and-order bills.  Approximately 60% of bills that narrowed the scope of criminal law and 55% of bills that decreased punishment passed when supported by prosecutors.  In contrast, when prosecutors supported bills that increased the scope of criminal law, only 40% of those bills passed; and bills that increased punishments did not fare much better, passing only 42% of the time.

More than 22,000 criminal law and criminal justice bills were introduced in the 50 state legislatures during the four-year period from January 1, 2015 to December 31, 2018. The number of bills introduced varied wildly by state.  The most bills (1536) were introduced in New York; the fewest bills (80) were introduced in Alaska.  The median state introduced 296 bills....

Overall, state lawmakers were more likely to introduce bills that made the criminal justice system harsher than bills that made the law more lenient.  More 40% of the bills introduced either increased the scope of criminal law or increased the sentencing range.  In contrast, only 11% of bills narrowed the scope of criminal law or decreased punishment.  Many criminal justice bills dealt with procedural issues. 35% of bills proposed changes in procedural limits or altered the rights, responsibilities, or liabilities of criminal justice actors.  And less than 5% of bills dealt with funding issues.....

Some prosecutor lobbying comes from specific prosecutor offices. An individual elected prosecutor or an employee in her office may choose to testify in favor or against a bill. The same is true for state attorneys general — some state AGs were active lobbyists.

But in many states the prosecutor lobbying was more coordinated. Most states have one or more organizations — often called associations or councils — that exist in part to lobby the state legislature.  Some of these organizations are private non-profit corporations; others were created by statute.  The organizations also serve other, non-lobbying purposes, such as providing training materials to local prosecutor offices or appointing members to serve on statewide commissions.

The existence of these state organizations did not necessarily supplant the lobbying of individual prosecutors or the state AG.  And, from time to time, the various prosecutors or their organizations took inconsistent positions on bills.  When that occurred, we treated the bill as having both been supported and opposed by prosecutors.

June 3, 2021 at 12:37 PM | Permalink

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