Adam Foss on practical way to reform the criminal justice system

Adam Foss on practical way to reform the criminal justice system

Adam Foss proposed a practical way to reform the criminal justice system in TED talk, “A prosecutor’s vision for a better justice system” (Foss, 00:10). According to Foss, one of the effective ways to prevent mass incarceration is for prosecutors to adopt alternative methods of addressing crimes committed by juveniles and young offenders and consider sending them to prison as a last resort. As a prosecutor, Foss acknowledged that most prosecutors, especially new ones, do not fully understand the full implication of their decisions to the lives of young offenders. He advocated against prosecutors slamming offenders with a criminal record as it jeopardizes their chances of good employment, education, and stable housing, all considered as protective factors in life. Foss was right, prison and jail sentences and the accompanying criminal record draw young people further into crime by pushing them away from the job market.

America has the highest number of incarcerated men in the world, approximately 2.3 million, with another seven million on probation and parole. People of color, particularly the poor, are the most affected by the criminal justice system. America accounts for only 5% of the world population, but its prison population is over 25% that of the world (Hawdon 75). It translates to one in every 31 adults ending up in jail. The rates are even higher for African Americans. In states such as Iowa, Minnesota, New Jersey, Vermont, and Wisconsin with predominantly white communities, the rate of incarceration for African Americans compared to Whites is as high as 10 to one. A majority of prisoners are non-violent offenders.

Foss is a prosecutor who believes in law, order and accountability as well as for people to be safe in their communities. Also, he believes that people should not be judged by their youthful indiscretions. He made a remarkable observation that behind the crimes are human stories that contained childhood trauma, victimization, poverty, loss, disengagement from school, early interaction with police and the criminal justice system, factors that contribute to offenders committing a crime (Foss 03:34). Foss noted that people accused of small street crimes, mostly those who are mentally ill, homeless, and drug-addicted require help, but get none from prosecutors. “They are sent away prosecuted, adjudged and defended by people who know nothing about them”, which contributes to inefficiency (Foss 04:37).

Foss was concerned on the government spends so much money on prisons when it could have been invested upfront to potentially prevent the offences from taking place (Foss 13:15). The aim of the prison system is bringing about accountability and improving public safety, but evidence proves otherwise. Research shows that compared to other methods of crime prevention incarceration is the least effective in rehabilitating offenders. Ex-convicts have the highest rates of reoffending. The criminal justice system today is defined by a high rate of reoffending. According to Foss, an imprisoned adult has a 60% chance of ending up in prison again. There are alternatives to sending people to jail. American’s current approach to youth incarceration is costly, ineffective, and can seriously harm young people (McCarthy et al. 1). Their report contains recent on developmental psychology that recommends for states to adopt alternative evidence-based approaches aimed at protecting public safety. Approaches such as community-based supervision reduce disproportionate minority contact with the criminal justice system.

As reiterated by Foss, the criminal justice system needs reforms. He noted that criminal justice reforms mostly focus on the police, sentencing laws, and prisons, but rarely on prosecutors (Foss 05:42). The failure is systematic, resulting in many people heading to the courts where prosecutors are ill-equipped to handle them. Prosecutors need to be incentivized to be creative, and the number of cases won should not be the primary evaluation for their work. The story of Christopher is a good example of alternative ways to treat young offenders rather than send them to prison (Foss 05:48). Evaluating alternatives on a case to case basis as done by Foss and his team in Boston ensures that offenders who above all, need help more than anything else receive it. Such an approach is beneficial to those offenders who commit crimes not because they intended to harm others but were forced by their unique circumstances, for example, a mother who stole groceries to feed her children (Foss 12:21). Foss encourages prosecutors to reach out to their humanity and empathize with offenders before condemning them to jail. Making offenders accountable for their actions and then putting them in a position that minimizes chances of reoffending. A rehabilitated offender is better for community safety than a condemned one.

According to Foss, the power of opportunity outweighs the wrath of the criminal justice system. The minimum sentence exacerbates problems for offenders. Despite the circumstances surrounding a case, an offender gets a minimum of 5 years in some drug convictions. Young offenders need help and guidance above all else.

The education curriculum also needs changes. Foss acknowledged that prosecutors learn so little about justice. Compared to other fields such as medicine which has a residency program, law lacks an extensive training program that brings prosecutors in contact with the communities they will likely serve in their future practice. ‘Prosecutor Impact’ is a project set up by Foss to address this problem (Prosecutor Impact 1). The plan helps address the radical disconnect that exists in the legal system where mostly young and privileged people from laws school are put to serve into communities where they have never been. Additionally, having prosecutors to visit a jail, a homeless shelter, a mental health clinic, among others, will help them understand what it is like in the community.

However, society is to blame for the current state of the criminal justice system. Most Americans think that laws and policies tough on crime are the best way to deter crime. Society needs to invest more resources on people struggling with mental issues and substance abuse rather than throwing them to prison and forgetting them. Besides, having prosecutors who better understand a person’s background will complement the investment.

Foss concluded by giving three reasons for the benefits of prosecutors incorporating alternative approaches. First, it reduced the money spent on incarceration, money that can be used to develop neighborhoods. Second, it is the right thing to do. Prosecutors can be part of the solution rather than the problem they are now. Third, people have the power to make it right by electing to office district attorneys committed to change.

Foss’ view speaks volumes of how humanity has changed, creating the need for the criminal justice system to adapt to the changes through reforms. While the premise that people can and od change forms the foundation of modern psychology, the assumption that people cannot and will never change forms the basis of ancient criminal justice. The former is evolving people’s view of humanity while the former is hurting it.

Not only does Foss show an example of how one person can change the world, but he also inspires people to so too. Foss commitment to improving the criminal justice system is similar to that of David Dow from his TED talk “Lessons I learnt from Death Row inmates” (David 1:50). In his talk, David proposed a bold plan that prevents murder in the first place. Foss’ views align with those of Dalai Lama “Our prime purpose in this world is to help other people, if you cannot help, at least don’t hurt them” (Gyatso 190).

Most people commit felonies as young adults but do not the inside of jail shows the power of opportunity, intervention, support, and love. It is worth noting that alternative means of making people accountable does not eliminate the severe punishment that some crimes such as murder deserve. Alternative means mainly focus on petty crimes. Furthermore, alternative approaches only alter the way people account for their crimes and do not absolve them. While Foss presents a good plan, it is up to prosecutors to follow in his footsteps despite the challenges they will face doing so. Having prosecutors like Adam Foss would make the world a better place.