Adam Foss: A prosecutor's vision for a better justice system
Summary
TLDRThe speaker, a prosecutor, reflects on the need for criminal justice reform, emphasizing the importance of accountability and compassion. He shares his journey from law school to becoming a prosecutor, where he realized the system's inefficiencies and disproportionate effects on marginalized communities. Through personal anecdotes, like helping a young man avoid a criminal record, he highlights the power of prosecutors to offer support and opportunity instead of punitive measures. He calls for systemic changes and urges the public to demand more from elected prosecutors to foster safer, more equitable communities.
Takeaways
- 🔎 Prosecutors have vast power but often lack appreciation for the consequences of their decisions, particularly in cases involving vulnerable communities.
- ⚖️ Criminal justice reform is essential to improve public safety, and this requires addressing issues like over-incarceration and the racial disparities in the system.
- 🤝 Prosecutors should focus more on rehabilitation and prevention, rather than just punishment, to break cycles of crime and poverty.
- 📚 Personal intervention and support, rather than harsh punishment, can lead to better long-term outcomes for both individuals and society.
- 👩⚖️ Prosecutors, despite their critical role, are rarely the focus of criminal justice reform conversations, yet their decisions shape countless lives.
- 💼 The speaker initially pursued law for financial gain but shifted focus after realizing the human stories and preventable patterns of crime during their internship.
- 🚶♂️ The criminal justice system disproportionately affects people of color and those from impoverished communities, often failing to provide the help they need.
- 💡 Creative solutions like community service, financial restitution, and support for education or employment can be more effective than traditional punitive measures.
- 💰 The speaker questions why society spends billions on incarceration when reinvesting in education, mental health, and community development could yield better outcomes.
- 🗳️ Voters should hold local district attorney candidates accountable, asking what they are doing to improve public safety, collect data, and offer alternatives to outdated methods.
Q & A
What is the speaker's profession, and what motivates him in his role?
-The speaker is a prosecutor who believes in law and order. He is motivated by the responsibility to serve his community better, focusing on accountability and improving public safety through reforming the criminal justice system.
How does the speaker's background influence his perspective on law enforcement and justice?
-The speaker's background as the adopted son of a police officer and a marine has instilled in him a belief in accountability and law enforcement. His personal experiences and observations during his career as a prosecutor further shaped his view that the system needs reform to better serve individuals and communities.
Why did the speaker decide to become a prosecutor despite initially having no interest in criminal law?
-The speaker initially pursued law school to make money and had no interest in public service or criminal law. However, during an internship in the Roxbury division of Boston Municipal Court, he witnessed systemic injustices and inefficiencies in the criminal justice system, which motivated him to become a prosecutor to effect change.
What significant realization did the speaker have during his internship in the Roxbury court?
-During his internship, the speaker realized that the individuals appearing in court were predominantly Black and brown, while the decision-makers (judge, defense attorney, and prosecutor) were predominantly white. He recognized that many of these individuals were there due to preventable circumstances, such as poverty and systemic failures.
What common factors did the speaker identify in the stories of individuals convicted of serious crimes?
-The speaker identified childhood trauma, victimization, poverty, disengagement from school, and early interactions with law enforcement as common factors in the lives of individuals convicted of serious crimes. These factors often set them on a path toward the criminal justice system.
How did the speaker's experience as a defense paralegal and a prosecutor influence his view on criminal justice reform?
-As a defense paralegal, the speaker saw the human side of those accused of crimes, many of whom had faced significant hardships. As a prosecutor, he realized that the criminal justice system was not addressing these underlying issues. These experiences led him to believe in the need for a more compassionate and rehabilitative approach to justice.
What was the significance of the case involving 'Christopher' to the speaker?
-Christopher's case was a turning point for the speaker. Christopher was arrested for stealing laptops, but instead of prosecuting him for 30 felonies, the speaker worked to hold him accountable in a way that would not ruin his future. Christopher went on to graduate college and have a successful career, highlighting the power of prosecutorial discretion in changing lives.
What does the speaker believe is a major flaw in the current approach of prosecutors?
-The speaker believes that many prosecutors avoid risks and adhere to outdated methods that focus on convictions and trials rather than creative, rehabilitative solutions. This risk-averse culture is counterproductive to achieving safer communities and addressing the root causes of crime.
Why does the speaker argue that reforming the role of prosecutors is critical for criminal justice reform?
-The speaker argues that prosecutors hold immense, often unchecked power in deciding how cases are handled. Reforming their approach is essential because their decisions can either perpetuate the cycle of incarceration or help individuals rebuild their lives, which ultimately leads to safer communities.
What solutions does the speaker propose for improving the criminal justice system?
-The speaker proposes reallocating funds from the prison system to areas like education, mental health treatment, and community investment. He advocates for prosecutors to take a more rehabilitative approach, offering individuals the support and opportunities they need to avoid future criminal behavior, rather than focusing solely on punishment.
Outlines
👨⚖️ Personal Reflections on Law and Order
The speaker, a prosecutor, shares his personal background, emphasizing his belief in law and order, accountability, and community safety. He reflects on his upbringing as the adopted son of a police officer and the responsibilities of his job. He engages the audience with a thought experiment, asking them to reflect on their own youthful indiscretions, such as acting out or trying drugs, and whether they were ever jailed for those actions. The speaker argues that these past mistakes shouldn’t define people or make them a danger to society, setting the stage for a discussion on criminal justice reform.
🚨 The Need for Criminal Justice Reform
The speaker highlights the flaws in the criminal justice system, pointing out that the U.S. is the most incarcerated nation globally. He emphasizes how the system disproportionately affects people of color, particularly the poor, and how prosecutors are ill-equipped to handle these cases. The focus is often on policing, sentencing laws, and prisons, but rarely on the role of the prosecutor. The speaker introduces the story of Christopher, a young man who made bad decisions leading to felony charges, and how the speaker, as a new prosecutor, had the power to shape his future.
🛤️ A Prosecutor's Power to Shape Lives
The speaker recalls the case of Christopher, a young African-American man facing 30 felony charges for stealing laptops. The speaker reflects on how, at 29 years old, he had the power to change Christopher’s life. He emphasizes how prosecutors often avoid risk, focusing on convictions rather than creative solutions that benefit public safety. By opting not to arraign Christopher, the speaker avoided giving him a criminal record, which could have negatively impacted his future. He stresses the broader social implications of such prosecutorial decisions and the cycle of crime that often results from traditional criminal justice approaches.
🤝 The Impact of Compassionate Prosecutorial Choices
Years later, the speaker encounters Christopher, who thanks him for changing his life. Christopher avoided a criminal record, performed community service, repaid the stolen goods, and went on to graduate from college. The speaker emphasizes that there are thousands like Christopher who need prosecutors to protect them from being trapped in the system. He reflects on how providing support and opportunities, rather than punishment, leads to better public safety outcomes. The speaker relates his own experience of being given a second chance after selling drugs in his teens, underscoring the importance of intervention over incarceration.
Mindmap
Keywords
💡Criminal Justice Reform
💡Prosecutor
💡Accountability
💡Discretion
💡Youthful Indiscretion
💡Incarceration
💡Marginalized Communities
💡Recidivism
💡Intervention
💡Public Safety
Highlights
The speaker shares their background as the adopted son of a police officer and marine, and highlights their belief in law and accountability.
The speaker prompts the audience to reflect on their own youthful indiscretions and questions whether they should be judged by those actions.
The speaker's experience in the Roxbury court during law school changed their perspective on criminal justice, highlighting systemic inefficiencies and racial disparities.
The speaker reflects on how many defendants they encountered came from backgrounds marked by trauma, poverty, and early interactions with the criminal justice system.
The speaker recognizes that the system often fails to provide help for people in need, leading to repeat offenders, and expresses frustration with this inefficiency.
While working as a defense attorney and later as a prosecutor, the speaker observed how deeply childhood trauma and poverty contributed to criminal behavior.
The speaker emphasizes the inefficiency of incarcerating individuals without addressing the root causes of crime, advocating for prevention over punishment.
In one case, the speaker chose not to arraign an 18-year-old named Christopher for stealing laptops, instead finding an alternative resolution that helped him avoid a criminal record.
Christopher's life improved significantly after avoiding jail time, eventually becoming a bank manager—an outcome the speaker sees as a better public safety result than incarceration.
The speaker asserts that prosecutors hold significant power in shaping the outcomes of cases, often without understanding the full impact of their decisions.
The speaker calls for a shift in how prosecutors approach their role, advocating for creative and preventive measures to address crime rather than relying on incarceration.
The speaker shares examples of successful interventions in Boston, where prosecutors helped individuals find jobs, get mental health treatment, or escape dangerous environments instead of facing jail.
The speaker argues that community investment in education, mental health, and substance abuse treatment would be a far better use of resources than the current prison system.
Prosecutors need to be held accountable for their decisions, and voters should ask candidates how they are making communities safer and what data supports their approach.
The speaker emphasizes that a strong community is built on opportunity, intervention, support, and love, and that these qualities create safety better than incarceration ever could.
Transcripts
thank you
the following are my opinions and do not
reflect the opinions or policies of any
particular prosecutor's office
I am a prosecutor I believe in Law and
Order I'm the adopted son of a police
officer a marine and a hairdresser
I believe in accountability and that we
should all be safe in our communities
I love my job and the people that do it
I just think that it's our
responsibility to do it better
by a show of hands
how many of you by the age of 25 had
either acted up in school went somewhere
you're specifically told to stay out of
or drank alcohol before your legal age
all right
how many of you shoplifted tried an
illegal drug
or got into a physical fight yes even
with a sibling
now
how many of you ever spent one day in
jail for any of those decisions
how many of you sitting here today think
that you are a danger to society or
should be defined by those actions of
youthful indiscretion
point point taken
when we talk about Criminal Justice
Reform we often focus on on a few things
and that's what I want to talk to you
about today
but first i'm gonna
since you shared with me I'm gonna give
you a confession on my part I went to
law school
to make money
I had no interest in being a public
servant I had no interest in the
criminal law and I definitely didn't
think that I would ever be a prosecutor
near the end of my first year of law
school I got an internship in the
Roxbury division of the Boston Municipal
Court
I knew of Roxbury is an impoverished
neighborhood in Boston
plagued by gun violence and Drug crime
my life in my legal career changed the
first day of that internship
I walked into a courtroom and I saw an
auditorium of people
who one by one would approach the front
of that courtroom to say two words and
two words only not guilty
they were predominantly black and brown
and then a judge a defense attorney and
a prosecutor would make life-altering
decisions about that person without
their input
they were predominantly white
as each person one by one approached the
front of that courtroom I couldn't stop
but think how did they get here I wanted
to know their stories
and as the prosecutor read the facts of
each case
I was thinking to myself we could have
predicted that
that seems so preventable
not because I was an expert in criminal
law but because it was common sense
over the course of the internship I
began to recognize people in the
auditorium not because they were
criminal masterminds
but because they were coming to us for
help and we were sending them out
without any
my second year of law school I worked as
a paralegal for defense attorney and in
that experience I met many young men
accused of murder
Even in our worst I saw human stories
and they all contained childhood trauma
victimization poverty loss disengagement
from school early interaction with the
police and the criminal justice system
all leading to a seat in a courtroom
those convicted of murder were condemned
to die in prison and it was during those
meetings with those men that I couldn't
fathom why we would spend so much money
to keep this one person in jail for the
next 80 years we could have reinvested
it up front perhaps prevented the whole
thing from happening in the first place
my third year of law school I defended
people accused of small Street crimes
mostly mentally ill mostly homeless
mostly drug addicted all in need of help
they would come to us and we would send
them away without that help
they were in need of our assistance
but we weren't giving them any
prosecuted a judged and defended by
people who knew nothing about them
The Staggering inefficiency is what
drove me to criminal justice work
the unfairness of it all made me want to
be a Defender
the power Dynamic that I came to
understand
maybe become a prosecutor
I don't want to spend a lot of time
talking about the problem we know that
the criminal justice system needs reform
we know that there are 2.3 million
people in American jails and prisons
making us the most incarcerated Nation
on the planet
we know that there's another seven
million people on probation or parole we
know that the criminal justice system
disproportionately affects people of
color particularly poor people of color
we know that there are system failure is
happening everywhere that bring people
to our courtrooms but what we do not
discuss is how ill-equipped our
prosecutors are to receive them
when we talk about Criminal Justice
Reform we as a society focus on Three
Things We complain we tweet we protest
about the police about sentencing laws
in oil prison
we rarely if ever talk about
the prosecutor
in the fall of 2009
a young man was arrested by the Boston
Police Department
he was 18 years old he was
African-American and he was a senior at
a local public school
he had a site set on college but his
part-time minimum wage job wasn't
providing the financial opportunity he
needed to enroll in school
and a series of bad decisions he stole
30 laptops from the store and sold them
on the Internet
this led to his arrest and a criminal
complaint of 30 felony charges
the potential jail time he faces what
stressed Christopher out the most but
when he had little understanding of
was the impact a criminal record would
have on his future
I was standing in arraignments that day
when Christopher's case came across my
desk and at the risk of sounding
dramatic in that moment I had
Christopher's life
in my hands
I was 29 years old a brand new
prosecutor and I had little appreciation
from the decisions that I would make
would impact Christopher's life
Christopher's case was a serious one and
needed to be dealt with as such but I
didn't think that brandingham a felon
for the rest of his life
was the right answer
for the most part prosecutors step onto
their job with little appreciation of
the impact of our decisions regardless
of our intent
despite our broad discretion we learned
to avoid risk at all costs rendering our
discretion basically useless
history has conditioned us to believe
that somehow the criminal justice system
brings about accountability and improves
Public Safety despite evidence of the
contrary
we're judged internally and externally
by our convictions and our trial wins so
prosecutors aren't really incentivized
to be creative in our case positions
dispositions or to take risks on people
we might not otherwise
we stick to an outdated method
counterproductive to achieving the very
goal that we all want and that's safer
communities
most prosecutors standing in my space
would have arraigned Christopher
they have little appreciation for what
we can do a reigning Christopher
would give him a criminal record
making it harder for him to get a job
setting in motion a cycle that defines
the failing criminal justice system
today
the criminal record and without a job
Christopher would be unable to find
employment education or stable housing
without those protective factors in his
life Christopher would be more likely to
commit further more serious crime the
more contact Christopher had with the
criminal justice system the more likely
it would be that he would return again
and again and again
all a tremendous social cost to his
children to his family and to his peers
and ladies and gentlemen it is a
terrible Public Safety outcome for the
rest of us
when I came out of Law School
I did the same thing as everybody else
I came out as a prosecutor expected to
do justice but I never learned what
Justice was in my classes none of us do
none of us do
and yet prosecutors are the most
powerful actors in the criminal justice
system
our power is virtually boundless in most
cases not the judge not the police not
the legislature not the mayor not the
governor not the president can tell us
how to prosecute our cases
the decision to arraign Christopher and
given a criminal record was exclusively
mine
I would choose whether to prosecute him
for 30 felonies for one felony for a
misdemeanor or at all
I would choose whether to leverage
Christopher into a plea deal or to take
the case of trial and ultimately I'd be
in a position to ask for Christopher to
go to jail
these are decisions that prosecutors
make every day unfettered
and we are unaware
and untrained of the Grave consequences
of those decisions
one night this past summer I was at a
small gathering of professional men of
color from around the city and as I
stood there stuffing free finger
sandwiches into my mouth as you do as a
public servant I noticed across the room
a young man waving and smiling at me and
approaching me
and I I recognized him but I couldn't
place from where and before I knew it
this young man was hugging me
and thanking me
you cared about me and you changed my
life
it was Christopher
see I never reigned Christopher he never
faced a judge or a jail he never had a
criminal record
instead I worked with Christopher first
I'm being accountable for his actions
and then putting him in a position where
he wouldn't reoffend
we recovered 75 percent of the computers
that he sold and gave them back to Best
Buy and came up with a financial plan to
repay for the computers we couldn't
recover
Christopher did community service he
wrote an essay reflecting on how this
case could impact his future and that of
the community
he applied to college he obtained
financial aid and he went on to graduate
from a four-year School
after we've
[Music]
after we finished hugging I looked at
his name tag to learn that Christopher
was a manager of a large Bank in Boston
Christopher had accomplished all making
a lot more money than me foreign
had accomplished all of this in the six
years since I had first seen him in
Roxbury Court
I can't take credit for Christopher's
journey to success
but I certainly did my part to keep him
on the path
there are thousands of Christophers out
there
some locked in our jails and prisons we
need thousands of prosecutors to
recognize that and to protect them
and employed Christopher is better for
Public Safety than a condemned one
it's a bigger win
for all of us
in retrospect the decision not to throw
the book at Christopher makes perfect
sense when I saw him that first day in
Roxbury Court I didn't see a criminal
standing there I saw myself a young
person in need of intervention
as an individual caught selling a large
quantity of drugs in my late teens I
knew firsthand the power of opportunity
as opposed to the Wrath of the Criminal
Justice System
along the way with the help of my in
guidance of my district attorney my
supervisor
and judges I learned the power of the
prosecutor to change lives instead of
ruining them
and that's how we do it in Boston
we helped a woman who was arrested for
stealing groceries to feed her kids get
a job
instead of putting an abused teenager in
an adult jail for punching another
teenager we secured mental health
treatment and Community Supervision
a runaway girl who was arrested for
prostituting to survive on the streets
needed a safe place to live and grow
something we could help her with
I even helped a young man who was so
afraid of the older gang kids showing up
after school that one morning instead of
a lunch box and it was backpack he put a
loaded nine millimeter
we would spend our time that we would
normally take prepping our cases for
months and months for trial down the
road by coming up with real solutions to
the problems as they presented
which is the better way to spend our
time
how would you prefer your prosecutors to
spend theirs
why are we spending 80 billion dollars
on a prison industry that we know is
failing when we could take that money
and reallocate it into education into
mental health treatment into substance
abuse treatment into community of
investment so we can develop our
neighborhoods
[Music]
so why should this matter to you well
one we're spending a lot of money
our money
it costs 109 000 in some states to lock
up a teenager for a year with a 60
chance that that person will return to
the very same system that is a terrible
return on investment
number two it's the right thing to do if
prosecutors were part of creating the
problem it's incumbent on us to create a
solution and we can do that using other
disciplines that have already done the
data and research for us and number
three your voice and your vote can make
that happen the next time there's a
local District Attorney's election and
your jurisdiction ask the candidates
these questions one what are you doing
to make me and my neighbors safer two
what data are you collecting and what do
you train your prosecutors to make sure
that it's working number three if it's
not working for everybody what are you
doing to fix it
if they can't answer the questions they
shouldn't be doing the job
each one of you that raised your hand at
the beginning of this talk is a living
breathing example of the power of
opportunity of intervention of support
and of love
while each of you may have faced your
own brand of discipline for whatever
malfeasances you committed barely any of
you needed a day in jail to make you the
people that you are today some of the
greatest Minds on the planet
every day thousands of times a day
prosecutors around the United States
willpower so great that it can bring
about catastrophe as quickly as it can
bring about opportunity intervention
support and yes
even love
those qualities are the strong the
Hallmarks of a strong community in a
strong Community is a safe one if our
communities are broken don't let the
lawyers that you elect fix them with
outdated inefficient expensive methods
demand more vote for the prosecutor that
is helping people stay out of jail not
putting them in demand better you
deserve it your children deserve it the
people who are tied up in the system
deserve it but most of all the people
that we are sworn to protect and do
justice for demand it we must we must do
better
thank you
[Applause]
thank you very much
[Music]
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