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    As Crime Surges, Roll Back of Tough-on-Crime Policies Faces Resistance

    With violent crime rates rising and elections looming, progressive prosecutors are facing resistance to their plans to roll back stricter crime policies of the 1990s.Four years ago, progressive prosecutors were in the sweet spot of Democratic politics. Aligned with the growing Black Lives Matter movement but pragmatic enough to draw establishment support, they racked up wins in cities across the country.Today, a political backlash is brewing. With violent crime rates rising in some cities and elections looming, their attempts to roll back the tough-on-crime policies of the 1990s are increasingly under attack — from familiar critics on the right, but also from onetime allies within the Democratic Party.In San Francisco, District Attorney Chesa Boudin is facing a recall vote in June, stoked by criticism from the city’s Democratic mayor. In Los Angeles, the county district attorney, George Gascón, is trying to fend off a recall effort as some elected officials complain about new guidelines eliminating the death penalty and the prosecution of juveniles as adults. Manhattan’s new district attorney, Alvin Bragg, quickly ran afoul of the new Democratic mayor, Eric Adams, and his new police commissioner over policies that critics branded too lenient.The combative resistance is a harsh turn for a group of leaders whom progressives hailed as an electoral success story. Rising homicide and violent crime rates have even Democrats in liberal cities calling for more law enforcement, not less — forcing prosecutors to defend their policies against their own allies. And traditional boosters on the left aren’t rushing to their aid, with some saying they’ve soured on the officials they once backed.“I think that whole honeymoon period lasts about five or six hours,” said Wesley Bell, the prosecuting attorney for St. Louis County in Missouri, who is seeking re-election this fall.St. Louis County Prosecutor Wesley Bell, center, surrounded by area police chiefs before a news conference about a police officer who was shot and killed in 2019.Robert Cohen/St. Louis Post-Dispatch, via Associated PressMr. Bell, a former city councilman in Ferguson, Mo., is part of the group of prosecutors elected on a promise to address racial disparities in the criminal justice system. Most support eliminating the death penalty and cash bail, limiting prosecutions for low-level, nonviolent offenses and scaling back sentences.In a show of political strength, progressive prosecutors in Chicago and Philadelphia handily defeated challengers in recent years. Mr. Bell’s re-election bid in November is one of several races being watched for signs that voters’ views have shifted on those policies as violent crime has risen and racial justice protests have fallen out of the headlines.Homicide rates spiked in 2020 and continued to rise last year, albeit less slowly, hitting levels not seen since the 1990s. Other violent crimes also are up. Both increases have occurred nationally, in cities with progressive prosecutors and in cities without.That’s left no clear evidence linking progressive policies to these trends, but critics have been quick to make the connection, suggesting that prosecutors have let offenders walk and created an expectation that low-level offenses won’t be charged. Those arguments have landed on voters and city leaders already grappling with a scourge of pandemic-related ills — including mental health care needs and housing shortages, rising drug use, even traffic deaths.Last week, a Quinnipiac University poll of registered voters in New York City found that 74 percent of respondents considered crime a “very serious” problem — the largest share since the survey began asking the question in 1999 and more than 20 percentage points greater than the previous high, which was recorded in January 2016.Politicians are heeding those concerns. In New York, Mr. Adams, a Democrat, has promised to crack down on crime, and his police commissioner, Keechant Sewell, slammed Mr. Bragg’s proposals as threatening the safety of police officers and the public. In San Francisco, Mayor London Breed has become an outspoken critic of Mr. Boudin’s approach, which emphasizes social services over policing.“This is not working,” Ms. Breed said recently on The New York Times podcast “Sway.” “We’ve added all these additional resources — the street crisis response team, the ambassadors, the services, the buildings we purchase, the hotels we purchase, the resources. We’ve added all these things to deal with food insecurity. All these things. Yet people are still being physically harmed and killed.”The criticisms from two prominent Black mayors are particularly biting. In their liberal cities, the leaders’ nuanced complaints have far more influence with voters than familiar attacks from Republicans or police unions. Both mayors have argued that the minority communities that want racism rooted from the justice system also want more robust policing and prosecutions.President Biden, who was one of the architects of the tough-on-crime criminal justice overhaul of the 1990s, recently spoke highly of Mr. Adams’s focus on crime prevention. Some prosecutors and their allies took that as sign that the Democratic establishment is digging in on a centrist approach to criminal justice reform.Mr. Biden’s comments came as the Democratic Party worried about retaining the support of moderate suburban voters in midterm elections this year. Many Democratic lawmakers and strategists believe that protest slogans like “defund the police” hurt the party in the 2020 elections — particularly in Congressional swing districts and in Senate races. Republican candidates, eager to retake control of Congress in November, already have run advertisements casting Democrats as soft on crime.Most progressive prosecutors oppose the calls to gut police department budgets, but that is a nuance often missed. At one liberal philanthropic group, some newer givers have said they will not donate to any criminal justice groups — or to the campaigns of progressive prosecutors — because they don’t want to endorse defunding the police, according to a person who connects donors to criminal justice causes, and who insisted on anonymity to discuss private conversations.Samuel Sinyangwe, an activist who has been involved in several organizations pushing progressive prosecutors, said prosecutors hadn’t been as forceful as law enforcement unions in selling their solutions to rising violence in cities.“Police are spending a lot of money convincing people the appropriate response to that is more policing and incarceration,” he said. “I think that individual cities and counties are having to push back against that narrative. But I think they’re struggling to do that right now.”In San Francisco, Mr. Boudin argued that the effort to recall him was fueled by politics, not voters’ worries about crime. He pointed to the Republican megadonors who have funded the recall efforts and said Ms. Breed has a political incentive to see him ousted — he beat her preferred candidate for district attorney.San Francisco District Attorney Chesa Boudin earlier this week. He faces an effort to recall him.Justin Sullivan/Getty Images“These are Republican talking points,” Mr. Boudin said. “And it’s tremendously destructive to the Democratic Party and the long-term progress that the party is making at the local and national level around public safety and criminal justice to allow a few folks dissatisfied with a local election to undermine that progress.”Mary Jung, a Democratic activist leading the recall campaign, said those who painted the efforts as fueled by conservatives or moderates were missing the point. Many of their supporters, she said, are lifelong liberal Democrats.Those voters, she said, don’t view the effort to recall Mr. Boudin, who was elected in 2019, as a broad shift away from progressive policies, but as a local response in a community that feels unsafe. She cited several attacks against Asian immigrants and incidents of shoplifting as the sort of crimes that have rattled residents, regardless of political ideology.In another sign of Democrats’ discontent, San Francisco voters ousted three progressive members of the Board of Education in a recall election driven by pandemic angst.“Over 80,000 San Franciscans signed our petition and we only needed 53,000 signatures,” Ms. Jung said. “There’s only 33,000 registered Republicans in the city. So, you know, you do the math.”Some progressives warn against ignoring people’s fears. Kim Foxx, the state’s attorney for Cook County, which includes Chicago and some of the country’s most violence-plagued communities, said that any dismissive rhetoric could make prosecutors risk looking out of touch.“You can’t dismiss people,” Ms. Foxx said. “I live in Chicago, where we hit 800 murders last year, and that represents 800 immediate families and thousands of people who are impacted.”Cook County State’s Attorney Kim Foxx, right, with Chicago Mayor Lori Lightfoot and Police First Deputy Supt. Eric Carter announcing charges last month in a fatal shooting.Pat Nabong/Chicago Sun-Times, via Associated PressMs. Foxx faced a well-funded opponent and won re-election in 2020, as did Philadelphia’s district attorney, Larry Krasner, the following year. Those victories show the resilient support for progressive ideas, Mr. Krasner said, warning the Democratic Party not to abandon them.“Put criminal justice reform on the ballot in every election in almost every jurisdiction, and what you’re going to see is a surge in turnout,” Mr. Krasner said. “And that turnout will overwhelmingly be unlikely voters, reluctant voters, brand-new voters, people who are not connected to what they see as governmental dysfunction between the parties — but they are connected to an issue that has affected their communities.”But there are signs that attitudes about overhauling the criminal justice system are changing even among progressives. Many activists have shifted their focus away from electoral politics and toward policies they think address root of the problem, such as reducing the number of police and abolishing prisons.That “makes it very difficult to even defend or support particular prosecutors, because at the end of the day, they’re still putting people in jail,” Mr. Sinyangwe said.In 2020, Mr. Bell, the St. Louis prosecutor, faced the ire of the same progressive activists who had helped elect him. That July, he announced that his renewed investigation into the 2014 fatal police shooting of Michael Brown Jr., a young Black man, which ignited weeks of protests, had delivered the same results: no charges for the officer who killed him.Mr. Brown’s mother denounced Mr. Bell’s investigation. Speaking to reporters then, Mr. Bell said the announcement was “one of the most difficult things I’ve had to do as an elected official.”Asked to discuss the incident and the investigation, Mr. Bell declined.Josie Duffy Rice, the former president of The Appeal, a news outlet focused on criminal justice, said that in some ways the voters were learning the limitations of the progressive prosecutor’s role.“Prosecutors have the power to cause a lot of problems,” Ms. Duffy Rice said. “But not enough power to solve problems.” More

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    Philadelphia’s Progressive District Attorney Fends Off Democratic Challenger

    Larry Krasner, part of a new breed of prosecutors, easily defeated Carlos Vega in Tuesday’s primary in spite of a rise in gun crime.Philadelphia’s district attorney, Larry Krasner, won the Democratic nomination in his re-election campaign on Tuesday, easily fending off a challenge from a former prosecutor who had argued that Mr. Krasner was making the city less safe.Voters were unconvinced by that argument. When The Associated Press called the race late Tuesday night, Mr. Krasner was ahead of his rival, Carlos Vega, by almost 40,000 votes.Throughout his campaign, Mr. Krasner argued that a 40 percent increase in homicides in Philadelphia last year had nothing to do with his progressive policies, pointing to cities with more traditional prosecutors that had experienced similar trends during the coronavirus pandemic.Mr. Krasner does not prosecute some low-level offenses, such as drug possession and prostitution, and has sought more lenient sentences than his predecessors.In a speech to supporters on Tuesday night at a hotel in downtown Philadelphia, Mr. Krasner said he had been re-elected because he had kept his promises, and he claimed a mandate from the voters most affected by serious crime.“We in this movement for criminal justice reform just won a big one,” he said.Mr. Krasner’s convincing victory, achieved in spite of a sharp increase in gun crime in Philadelphia over the past two years, may indicate that the appeal of progressive prosecutors will hold steady for voters even as public safety becomes a more pressing issue.Mr. Krasner acknowledged that in his victory remarks.“We hear all this talk about how somehow progressive prosecution can’t survive,” he said. “That’s not what I see. What I see is that traditional prosecution can’t survive.”Mr. Vega acknowledged his loss in a tweet shortly before midnight on Tuesday, saying, “It looks like tonight we did not get the result we wanted, but even in defeat we have grace & we smile.”He thanked his supporters and expressed his own support for the victims of crimes. A spokesman for his campaign did not respond to multiple requests for comment.As in his first campaign, in which he ran against six other candidates, Mr. Krasner, 60, won significant support from Black voters in the northern and western parts of the city. Those neighborhoods have been the most affected by gun violence, and were places where Mr. Vega, 64, had hoped to make inroads.“Black voters — and not just Black voters — believe that change is necessary and that the direction that Larry Krasner is taking is the right direction,” said State Senator Vincent J. Hughes, who represents several of those neighborhoods. “This is not a close victory. It is an affirmation that we have to go in a different direction in the pursuit of justice.”Enthusiasm for what used to be a low-turnout race remained high. When all the votes are counted, including mail-in ballots, turnout will almost certainly be higher than it was four years ago, when 155,000 people voted in the Democratic primary.Mr. Vega, a longtime homicide prosecutor, was among the first employees whom Mr. Krasner fired after taking over the district attorney’s office in 2018. Mr. Vega argued that the leniency of Mr. Krasner’s policies had led to the increase in crime.Criminologists said there would be no way to prove Mr. Vega’s assertions. David S. Abrams, a professor of law and economics at the University of Pennsylvania who has tracked crime statistics across the country over the past year, said any theory would have to take into account both the rise in homicides and shootings and the overall decline in crime, at least through 2020.“It’s a mystery,” he said. “There are a ton of theories, almost none of which fit all the facts.”Mr. Vega received ample support from the police, whose powerful union poured tens of thousands of dollars into his campaign and tarred Mr. Krasner as soft on crime at every opportunity.Mr. Krasner won office four years ago as part of a new breed of progressive prosecutors. In addition to upholding his campaign pledge not to prosecute low-level crimes, he lowered the number of people in the city’s jail by more than 30 percent.That approach won him approval from voters but also a significant amount of criticism, particularly from former prosecutors and even some of his own employees. Thomas Mandracchia, who worked for Mr. Krasner for about two years, said the district attorney’s insistence on firing so many experienced lawyers had contributed to an office plagued by disorganization. But none of those criticisms appeared to put a dent in Mr. Krasner’s support on Tuesday.In November’s general election, Mr. Krasner will face Charles Peruto Jr., a Republican defense lawyer who has campaigned on a strong message of public safety, saying that it is more important than civil rights. Mr. Peruto has called Mr. Krasner’s tenure “a disgrace” and said he would drop out of the race if Mr. Vega won. More

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    With Violence Rising, Can a Gentler Prosecutor Keep His Seat?

    PHILADELPHIA — When Larry Krasner was elected Philadelphia’s district attorney in 2017, his story made him one of the most visible of a new wave of progressive prosecutors: A lawyer who had sued the police for civil rights violations 75 times had become a top law enforcement official in one of America’s largest cities.Mr. Krasner promised to stop prosecuting drug possession and prostitution and to hold the police accountable for misconduct. But even as he wrote a triumphal book about his election and starred in a PBS documentary series, homicides and gun violence in Philadelphia were rising to levels not seen since the 1990s.Now Mr. Krasner, 60, is facing a primary challenge from a veteran prosecutor he fired, who is arguing that Mr. Krasner has made the city less safe.Public concern about racism and overincarceration in the criminal justice system during the past decade drove progressive prosecutors like Mr. Krasner, who promote less punitive approaches, into office. But that was after a long period of declining crime. Philadelphia’s Democratic primary on Tuesday poses a test of whether such candidates can continue to win elections when gun violence has risen in cities around the country.The police have seized upon the statistics to promote Mr. Krasner’s opponent, Carlos Vega, 64. Earlier this month, the police union parked a soft-serve ice cream truck outside the district attorney’s office to emphasize that Mr. Krasner had been soft on crime. (In response, Mr. Krasner’s campaign released a statement of support from Ben Cohen, of Ben and Jerry’s.)The union has given $25,200 to Mr. Vega’s campaign and has encouraged Republican voters to register as Democrats in order to vote Mr. Krasner out. Minutes after the candidates concluded their only televised debate in early May, a car streaked down Spruce Street, its rear window embossed with the message, “All Real Cops Agree. Fire Krasner.”Eight people were wounded by gunfire outside a transit station in Philadelphia in February. The city’s homicides rose 40 percent last year.Tom Gralish/The Philadelphia Inquirer, via Associated PressIn his first election, Mr. Krasner attracted a coalition of young progressives, labor unions and moderate Black voters. His road to victory has not changed. But the math may have: According to the state, more than 6,300 Republicans in Philadelphia County have become Democrats in the aftermath of the presidential election, which could mean an influx of more conservative primary voters. (That said, Mr. Krasner won his first primary by a margin of nearly 28,000 votes while running against six other Democrats.)Opponents hope that the sharp rise in gun crime over the last two years has made Mr. Krasner vulnerable. Overall, violent crime is down in Philadelphia. But between 2019 and 2020, the number of homicides rose from 356 to 499, a 40 percent increase.Mr. Krasner blames the pandemic. Mr. Vega blames Mr. Krasner.“We are arresting people with guns and there are no consequences,” Mr. Vega said. “There is a revolving door.”He said he would take a more aggressive approach toward what he said was a small group of people that were causing the violence, and would prosecute violent crimes more harshly than his opponent.Criminologists said it would be impossible to substantiate the claim that Mr. Krasner’s policies had led to more gun crime. They point out that gun violence rose sharply in many cities last year, regardless of whether their prosecutors were considered progressive.Theories for the rise in gun violence include pandemic-related factors like a halt to social services and a slowdown in the court system. Another possible factor could be a police pullback in the face of increased public scrutiny, said Richard Berk, a professor of criminology and statistics at the University of Pennsylvania, who cautioned against jumping to conclusions.Mr. Vega, a prosecutor for more than three decades, was fired by Mr. Krasner when he took office.Caroline Gutman for The New York TimesMr. Krasner said the pandemic had offered an opportunity for “a throwback culture” to “claw its way back in.” But he said that the tough-on-crime posturing of previous district attorneys had been “nonsense.”“There’s absolutely no scientific support for the notion that all that ranting and raving about the death penalty ever made anybody even a little bit safer,” he said.Mr. Krasner announced his first run in 2017, weeks after Donald J. Trump’s presidential inauguration. Amanda McIllmurray, a progressive organizer in Philadelphia, said that Mr. Krasner, who had no experience as a prosecutor, was seen as someone who might counter the president’s emphasis on law and order.“He really gave a lot of people hope at a time where we were feeling a lot of despair,” she said.Once in office, Mr. Krasner fired more than two dozen veterans including Mr. Vega, who had been a prosecutor for more than three decades.Mr. Krasner also lowered the number of people in the city’s jail by more than 30 percent, stopped prosecuting some low-level crimes and asked judges for less severe sentences.But even some of his supporters say that he can be tactless and reluctant to accept criticism, and that he has backed away from promises to eliminate cash bail and to stop holding juveniles in adult jails.“We’re at the point now where he’s not open to being challenged on how he can do better from leftists,” said A’Brianna Morgan, a police and prison abolitionist.Mr. Krasner attracted a coalition of young progressives, labor unions and moderate Black voters to win in 2017.Charles Fox/The Philadelphia Inquirer, via Associated PressMr. Krasner said that he had done a good job getting rid of “dumb, low bails for broke people on nonserious offenses,” but that he was restricted by bail laws on more serious crime, and that he had resolved a vast majority of juvenile cases in juvenile court.And he has cast Mr. Vega as an embodiment of the establishment he sought to upend. He points to Mr. Vega’s role in the retrial of Anthony Wright, a man who was wrongfully convicted of rape and murder and spent 25 years in prison before his conviction was vacated.The Philadelphia District Attorney’s Office, then led by Seth Williams, mounted a new trial of Mr. Wright, making him the only client of the Innocence Project ever to be retried after DNA evidence indicated his innocence. Mr. Vega was one of the prosecutors in the retrial.Mr. Vega said that it had not been his decision to retry the case but that he thought the witness testimony had been strong enough to do so. (Mr. Wright was found innocent.)Peter Neufeld, a founder of the Innocence Project, said that Mr. Vega’s actions during the retrial had been unethical and that he had misled the public about the extent of his involvement.Mr. Vega is backed by more than a hundred of his fellow ex-prosecutors, including Ed Rendell, a former Philadelphia district attorney who later became the mayor of Philadelphia and the governor of Pennsylvania.He is also supported by a number of victims’ family members who feel that Mr. Krasner has been too lenient. Among them is Aleida Garcia, whose son was murdered in 2015. Mr. Vega handled the case until 2018, at which point Mr. Krasner fired him without alerting the family. Though her son’s killer was convicted and sentenced to life in prison, Ms. Garcia was frustrated by the way Mr. Krasner’s office handled the case.“The victims don’t have a lot of say,” she said.Supporters of Mr. Vega, who is backed by Ed Rendell, the former Philadelphia mayor and Pennsylvania governor.Caroline Gutman for The New York TimesMr. Krasner is relying on the coalition that backed him four years ago, including more support from a PAC associated with George Soros, which poured $1.7 million into his first race. He has raised $887,000 since Mr. Vega entered the race. Mr. Vega has raised $734,000. The winner of the Democratic primary will be heavily favored in the November general election against the Republican candidate, Charles Peruto Jr., a defense lawyer who says that public safety is more important than civil rights. Mr. Peruto has said he will drop out of the race if Mr. Vega wins the primary.A test for Mr. Vega will be if he can cut into Mr. Krasner’s support in neighborhoods where the gun violence is taking place, including the northern and western parts of the city. State Senator Vincent J. Hughes, whose district includes several neighborhoods experiencing violence, said he expected his constituents to continue to support Mr. Krasner and oppose the police union, the Fraternal Order of Police, or F.O.P.“They see Larry Krasner as not being afraid of the F.O.P., not being afraid to work toward justice in the truest sense of the word,” he said.Mr. Krasner said he knew that he could not claim a perfect record. He described sidewalk encounters in which voters referred to him as “trying to be fair,” saying that the phrasing initially puzzled him.“I could not figure out why the hell they were saying ‘trying,’” he said. “But when I heard it time and time again, I finally came to the conclusion that the reason they’re saying that is they don’t expect you to be perfect. They know you’re going to mess it up some of the time. They just can’t even believe you’re trying.” More