In a groundbreaking study led by the Reflective Democracy Campaign, researchers found that 95% of prosecutors in the more than 2,400 local districts in the United States are White, with White men accounting for 73% and White women 22%. Minority attorneys make up a meager 5% of all prosecutors, with men of color at 3% and women of color at 2%. It is no wonder that, while Blacks make up roughly 13% of the U.S. population, they account for approximately 40% of the jail and prison populations, and some communities have seen more than one-half of their Black men in jails and prisons or under correctional supervision. This means that the vast majority of prosecutors in the US do not have the same life experience as their Black constituents in experiencing the impacts of racism and discrimination. This obvious problem of the gross racial disparity in the composition of the nation’s prosecutors calls for an untried solution: hire and empower more prosecutors who are diverse and reflective of the communities they serve and the changing demographics of America.
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What’s at Stake
Diversity matters. Diversity in lived experiences based on race, ethnicity, gender, sexual orientation or identity or different ability leads to better judgment in prosecution.
The lack of public confidence in the criminal justice system is inevitable when you consider the stark racial and ethnic differences between those enforcing the laws and those being prosecuted and recent outcomes. In too many circumstances, a Black suspect is arrested by White police officers, before appearing in front of a White judge and hearing from a White prosecutor about what charges are being brought, whether bail should be imposed, present evidence at trial, or negotiate a plea bargain and what sentence should be recommended. When we see the results of this system – mass incarceration of disproportionately Black and brown people – the perception it is unfair is inescapable.
What Needs to Change
District attorneys’ offices must possess an understanding of and affinity for members of the communities they serve and the changing demographics of our country. District attorneys should ensure that their offices reflect the makeup of the communities they serve and should encourage shared lived experience as part of their job. They can do this by hiring, training, promoting, empowering, and retaining a workforce that promotes diversity, equity, and inclusion. The composition of their workforce should be transparent to the public through annual reporting.
Elected prosecutors must establish formal plans to diversify their offices.
LDF calls on District Attorneys to prioritize the recruitment, hiring, training, promotion, empowerment, and retention of Black people and other people of color, women, and people of diverse sexual orientation and gender identity to help bring a diverse range of perspectives and lived experiences to their offices.
How You Can Help
Demand that your local district attorney prioritize diverse hiring. Seek out data on their workforce demographics and make it public and demand change to ensure their ranks reflect the diversity of your community and the demographics of the country.