Debate: Should Prosecutors Pursue Minor Crimes?

In the United States, around 13 million misdemeanor cases are filed each year, which makes up about 80% of all cases that are processed. The district attorney’s offices in areas like Suffolk County, Massachusetts, and Manhattan have implemented new policies stating they would no longer prosecute certain low-level, nonviolent crimes —such as drug possession, disorderly conduct, shoplifting, prostitution, and certain other offenses — as long as they did not accompany felonies. The reasoning given is while ¾ of nonviolent misdemeanor cases don’t turn into convictions, this still permanently affects the person’s criminal record, job prospects, and ability to secure housing and these consequences are especially felt by people of color, people experiencing poverty, and LGBTQ people. Yet, those who argue “yes” to prosecuting minor crimes say it has important societal benefits. They argue that it is an essential way of keeping our communities safe and that not strengthening sentencing will let violent criminals back onto the street, fail to protect crime victims, and increase crime rates in cities. Those who argue “no” say it doesn’t work to deter criminals or to decrease the chance of committing other crimes, and it distracts from better solutions like rehabilitation or community service. They also point to recent studies that suggest prosecuting minor crimes, especially those from first-time offenders, actually increases crime.

Arguing Yes: John Milhiser, former US attorney for the Central District of Illinois

Arguing No: Paul Butler, former federal prosecutor at the U.S. Department of Justice

Emmy award-winning journalist John Donvan moderates

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