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Meghan Irons asks the candidates if they will appoint a special prosecutor to handle police-involved shootings: only the candidate who has has raised $55,775 from police officers to date answers "no"

 
  • Because police work closely with prosecutors, the nature of the relationship creates a conflict of interest that has historically precluded accountability when police violate the rights of civilians and commit criminal acts

  • Police unions are politically powerful and highly resistant to reforms that hold dues-paying members accountable

  • The next DA will face enormous and constant internal political, financial, and institutional pressures to delay and abandon police accountability measures

  • Candidates with proven track records can be trusted to surmount such pressures far more than candidates who are for the first time in their careers publicly advocating for police accountability during a political campaign

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JP Progressives Candidates Survey +

1 - How would your office address cases involving alleged police misconduct, especially in light of any perceived conflicts of interests?

2 - What specific actions will you take to discourage the Boston Police Department from targeting young black males during Field Interrogations and Observations (FIOs)?

Perfect D.A. Scorecard Follow-up Questions +

1 - Does the candidate have a plan to hold police accountable when they commit acts of both civil and criminal misconduct? What is the plan? (1 grade point)

2 - Will the candidate commit to reviewing and investigating all internal documents and civilian complaints on day one and file criminal charges in every case where probable cause exists that a police officer, or any other city/county employee, has committed a crime? (.25 grade points)

3 - Will the candidate commit to creating a separate unit in a separate building staffed with internal affairs officers, defense investigators, and former defense and civil rights attorneys who do not and have never worked closely with patrol officers to review these and all other cases of alleged civil and criminal police misconduct? (1 grade point)

4 - Will the candidate create an office do-not-call list for officers with repeat civil rights abuses and/or other misconduct that, though the conduct falls short of criminal conduct, is still abusive and offensive to members of the community? What is the candidate’s timetable for instituting such a do-not-call list? (1 grade point)

5 - Will the candidate create an accountability matrix that enumerates swift, certain graduated sanctions when police officers violate the civil rights of civilians? Will the candidate make this accountability matrix available to the public? What is the candidate’s timetable for creating such a matrix? (.25 grade points)

6 - Does the candidate have a demonstrable track record of pushing for police accountability prior to running for DA, including but not limited to past and present support for police body cameras? (.25 grade points)

7 - Does the candidate pledge to accept no political contributions from prosecutors and police officers due to the obvious inherent conflict of interest? (.25 grade points)

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Evandro Carvalho's Response +

JP Progressives Candidates Survey:

1 - “I have been a long-time advocate for assigning special outside prosecutors when there has been a civilian death involving a police officer. I would also consider requests where a judge would also be assigned to investigate.”

2 - “Growing up in Boston as a young Black man, I know too well how police target our population. Building relationships with police and advocating for implicit bias trainings for all staff in the District Attorney's Office will be crucial to building relationships based on trust.”

Perfect D.A. Scorecard Follow-up Questions:

N/A Candidate did not answer by deadline.

Grade Point Deductions:

(-.75) Candidate mentions accountability for one type of criminal conduct only, omits mention of all civil misconduct

(-.25) Candidate does not mention plan to review existing documents and charge pending open cases

(-1.0) Candidate does not mention permanent separate standing unit

(-1.0) Candidate does not mention do-not-call list

(-.25) Candidate does not mention graduated sanctions matrix

(-0.0) Candidate has demonstrated track record

(-.25) Candidate has not pledged to accept no money from police and prosecutors, and has accepted a contribution from a police officer

Grade: D- (4.0 – 3.25 = .75)

Equity Adjustment: +0.25^

Adjusted Grade: D (.75 + .25 = 1.0)

Grade Points for this Section: 1.0 x 15% = .15

^Candidate received an equity adjustment of +0.25 points because he is a member of the group most disproportionately stopped, frisked, harassed, and arrested by police, and he lives in a neighborhood where such abusive police practices occur most frequently.

Linda Champion's Response +

JP Progressives Candidates Survey:

1 - “No one is above the law. The office shall create a Civil Rights division made up of ADAs who will work closely with the AG. Those lawyers will be responsible for investigating, monitoring and tracking cases involving complaints of excessive force, unreasonable search & seizure, and other constitutional rights violations.”

2 - “The law clearly states that the police must have reasonable suspicion based upon a legitimate, articulable facts or probable cause which must not be vague. ADAs are responsible for ensuring compliance and must dismiss those cases where police lack reasonable suspicion for the investigatory stop. See also, Study Results, https://bpdnews.com/news/2014/10/8/boston-police-commissionerannouncesfield-interrogation-and-observation-fio-study-results”

Perfect D.A. Scorecard Follow-up Questions:

N/A Candidate did not answer by deadline.

Grade Point Deductions:

(-.5) Candidate gives excellent answer on accountability for civil rights misconduct, but neglects to mention what will happen in cases of criminal conduct

(-.25) Candidate does not mention plan to review existing documents and charge cases where probable cause exists

(-.50) Candidate mentions permanent separate standing unit, but not whether separate physically (i.e. a firewall) and staffed by investigators, officers, and lawyers with defense/civil rights backgrounds

(-1.0) Candidate does not mention do-not-call list

(-.25) Candidate does not mention graduated sanctions matrix

(-.25) Candidate has no public demonstrated prior track record of police accountability advocacy

(-.25) Candidate has not pledged to accept no money from police and prosecutors, and has accepted contributions from police officers

Grade: D (4.0 - 3.0 = 1.0)

Grade Points for this Section: 1.0 x 15% = .15

Greg Henning's Response +

JP Progressives Candidates Survey:

1 - “I don’t believe that every case involving the police has an inherent “conflict of interest” for prosecutors. That approach would essentially conflict the DA’s Office out of every single case in its own county. But I don’t think “conflict of interest” is the real concern with prosecutors handling police shooting/misconduct case. I think what people really want is true transparency. They want to trust the process of a serious investigation, particularly when the police are being investigated. I understand that concern and appreciate it. I have been and will continue to be a strong proponent of body cameras and their widespread implementation. Body cameras will be a huge part of increased transparency and in ensuring the public trust in law enforcement. These cameras will provide a more complete set of the circumstances surrounding a police involved shooting. In my experience handling shootings, murders, and other serious matters with body cameras, there simply is no substitute for this critical video evidence. The Suffolk DA’s Office just this month prosecuted, tried to a jury, and convicted a Boston police officer for a racially motivated attack on an Uber driver. Our office recommended jail time, the court imposed probation. The Suffolk DA’s Office prosecuted, convicted, and obtained a jail sentence for Officer Jennifer Garvey, a white MBTA police officer who was charged with pepper spraying and beating an innocent black woman with a baton and then falsifying reports. Our office is currently prosecuting a Boston Police Officer for a driving drunk and striking a pedestrian causing serious injuries. There are countless examples where Suffolk prosecutors hold police officers accountable for their actions both on and off the job. The investigation of police shootings can be done in the same impartial way. I have tremendous respect for many of the officers who I come across, but I do not ingratiate myself to people simply because they wear a uniform. Much of my time in the Gang Unit was spent on the phone explaining to unhappy police supervisors why I didn’t feel we could charge a certain crime, or a certain individual, based on the state of the evidence. I regularly serve as a check on police investigations by requiring them to gather more evidence before taking certain actions or applying for a search warrant. I have developed a strong working relationship with the police, but I’m not afraid to voice my opinion and tell them when they get it wrong.”

2 - No response provided.

Perfect D.A. Scorecard Follow-up Questions:

N/A Candidate did not answer by deadline.

Grade Point Deductions:

(-1) Candidate believes current misconduct accountability structure acceptable

(-.25) Candidate does not mention plan to review existing documents and charge cases where probable cause exists

(-1) Candidate does not mention permanent separate standing unit staffed by investigators, officers, and lawyers with defense/civil rights backgrounds

(-1) Candidate does not mention do-not-call list

(-.25) Candidate does not mention graduated sanctions matrix

(-.25) Candidate has no public demonstrated prior track record of police accountability advocacy

(-.25) Candidate has not pledged to accept no money from police and prosecutors, and has accepted $60,000+ in contributions from police officers

Grade: F (4.0 - 4.0 = 0.0)

Grade Points for this Section: 0.0 x 15% = 0.0

Shannon McAuliffe's Response +

JP Progressives Candidates Survey:

1 - “Police officers will be charged when they commit a crime. Though I would have no problem holding officers accountable, I will not be DA forever and I believe in systemic change. I would consider a panel consisting of retired judges, attorneys and community members to review the evidence and recommend charging or declining the charge. If the panel recommended no charge, the DA could override that decision and present the case to the grand jury.”

2 - “The ACLU reports that from 2007-2010, the Boston Police Department stopped citizens over 200,000 times. Of those stops, 75% had no basis other than a “field investigation observation” which means the officers stopped, questioned and noted citizen’s locations, company and statements for no specific reason. Not surprisingly, 63% of those stopped were black when that population accounts for only 24% of the citizenry. And of those 200,000+ stops, contraband was found in only 2.5% of the stops. As DA, I want contraband and guns off the street but this cannot be accomplished through violating the rights of 200,000 citizens, eroding trust with citizens already overpoliced and over-surveilled and allowing racist practices to devastate communities. Specific actions I will take include: 1) calling for recent data to determine if the Boston Police Department has, as promised, reduced its racial profiling in stopping citizens; 2) analyze the stop and FIO history to determine if specific officers are responsible for the bulk of the stops and if so, ensure the Integrity Unit reviews their past cases; 3) proclaim arrests made as a result of racial profiling will be reviewed extensively for legality; and 4) any charges submitted clearly resulting from racial profiling and without probable cause will be declined at the submission stage.”

Perfect D.A. Scorecard Follow-up Questions:

N/A Candidate did not answer by deadline.

Grade Point Deductions:

(-0.0) Candidate gives excellent answer on plan to create a separate panel to handle criminal misconduct and Integrity Unit for civil rights violations.

(-.10) Candidate does not mention plan to review all existing documents and charge cases, but does give good answer about reviewing past cases of problem officers

(-.25) Candidate mentions separate standing panel and Integrity Unit, but does not mention whether either/both are separate physically (i.e. a firewall)

(-1.0) Candidate does not mention do-not-call list

(-.25) Candidate does not mention graduated sanctions matrix

(-0.0) Candidate has extensive prior track record of police accountability advocacy

(-.20) Candidate has pledged to accept no money from prosecutors. Candidate has accepted a contribution from a police officer

Grade: C (4.0 – 1.80 = 2.2)

Grade Points for this Section: 2.2 x 15% = .33

Rachael Rollins's Response +

JP Progressives Candidates Survey:

1 - “I am the first candidate that stated she would have an external group of former prosecutors, defense attorneys, retired judges, retired law enforcement that would investigate officer involved shooting and report findings directly to me, the DA. Having these special prosecutors will be a good start to the long process of working on restoring trust and faith in the criminal justice system for some communities that feel over policed and over prosecuted.”

2 - “As DA, I intend to implement mandatory implicit bias and other training for all new and current employees. As the counterpart to the BPD Commissioner Evans and the Chiefs of Police in Winthrop, Chelsea and Revere, I will be meeting with them frequently and advocating for their officers to receive the same implicit bias training. Further, I intend to speak to my counterparts and discuss the disparities and the broken relationships between some communities and law enforcement and the DA’s office. FIO’s are described by the BPD as “consensual encounters with an individual”. There is no way that the public is aware that FIOs are supposed tone consensual. Part of the problem is that we need to educate the community about their rights during the various encounters that they may have with the police and/or the DA’s Office. Once we education them, and have comprehensive and reliable complaint procedures, we should see a change in the behavior.”

Perfect D.A. Scorecard Follow-up Questions:

1 - Yes. I do not believe that the public is aware that they can file complaints against law enforcement for civil and criminal misconduct. If the public is aware, they don’t know where and how they can file a complaint. It needs to be easier to lodge complaints about public employees. I intend to establish a fraud/complaint hotline. Many state agencies have these. I have been a responding party for these lines in all oft he state agencies that i worked in.

Housing this complaint line within the SCDAO will no longer require us to have to rely on the Boston, Chelsea, Winthrop, and Revere Police Departments to self report bad behavior. All complaints lodged will be investigated. If people choose to leave their names and information, they will be informed of the final outcome of the investigation. If they choose to make an anonymous complaint, the results will be acted upon and self-reported to any appropriate state, local, and/or federal agencies, if necessary.

2 - Yes. Further, we will also self-report to any appropriate state, local, and/or federal agencies, if necessary.

3 - I will have a separate unit, for sure. This unit will be diverse and will include women. Whether we can afford a separate building location, I do not know. I am the first candidate that spoke of having an outside group of people (comprised of former prosecutors, criminal defense attorneys, civil rights attorneys, retired judges and retired members of law enforcement) review officer involved shootings and report their findings directly to me.

4 - Yes. Day one.

I am told that Greg Henning seemed to indicate during a candidate discussion that there was already such an active “database" in place. As we are all well aware, databases are not the same as do-not-call lists. If I am elected, I will be focusing my attention immediately on that database, analyzing the contents and converting all relevant parts of the database into a do-not-call list.

5 - Yes. This is an excellent suggestion. The matrix will be shared with the Commissioner and Police Chiefs and will be posted on the SCDAO website. I propose creating the matrix within the first 90-180 days.

6 - Yes.

I testified before the Boston City Council in support of police accountability, the need for diversity within the BPD, and in support of police body cameras.

In late 2017, as an appointed member of Attorney General Healey’s Advisory Committee on Racial Justice and Equity, Rahsaan Hall and I were selected to represent and speak on behalf of the group to DA Conley about his repeated refusal to support many of the proposed reforms in the then version of the Senate’s criminal justice reform bill.

Starting in 2016, I began attending the SCDAO's officer involved shooting community meetings in my capacity as the Chair of Legal Redress for the Boston Branch of the NAACP. I was always vocal about police accountability, the importance of body-cameras, and the bias of having ADAs within the SCDAO investigate officer involved shootings.

7 - I feel compelled to state that as a first time, female candidate, that is also a black woman, it feels wrong that people believe they can dictate who I can and cannot accept contributions from. This questions is obviously directed at Greg Henning. I am not sure why the candidates of color -- none of which had the financial ability to loan themselves $10,000 to start their campaigns and could afford to run for office and not receive a salary for 8-9 months (Greg and Shannon both did) -- are being dragged into this.

Further, if an organization like MAMLEO supported me, I would gladly take that endorsement and contributions.

Grade Point Deductions:

(-0.0) Candidate has plan to create a separate group to handle police shootings and other types of criminal misconduct and civil rights violations.

(-0.0) Candidate plans to review all existing documents and charge cases

(-0.0) Candidate intends to create separate standing unit

(-0.0) Candidate plans to implement do-not-call list

(-0.0) Candidate plans to develop and implement a graduated sanctions matrix

(-0.0) Candidate has prior track record of public police accountability advocacy

(-.25) Candidate has not pledged to accept no money from prosecutors or police officers. Candidate has accepted contributions from police^

^The Perfect D.A. recognizes the longstanding racial wealth gap in MA, and penalizes Greg Henning and Shannon McAuliffe for utilizing it to their advantage accordingly. However, this issue is so important, and the conflicts it creates so corrosive, that Perfect D.A. staff insist progressive candidates refrain from accepting money from police officers and prosecutors under their jurisdiction.)

Grade: A- (4.0 – .25 = 3.75)

Grade Points for this Section: 3.75 x 15% = .56

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Candidates had from July 8. 2018 to July 23, 2018 to answer the following 7 questions, including additional questions for select candidates, to improve their grades. Only Rachael Rollins submitted complete answers by deadline +

  • Does the candidate have a plan to hold police accountable when they commit acts of both civil and criminal misconduct? What is the plan? (1 grade point)
  • Will the candidate commit to reviewing and investigating all internal documents and civilian complaints on day one and file criminal charges in every case where probable cause exists that a police officer, or any other city/county employee, has committed a crime? (.25 grade points)
  • Will the candidate commit to creating a separate unit in a separate building staffed with internal affairs officers, defense investigators, and former defense and civil rights attorneys who do not and have never worked closely with patrol officers to review these and all other cases of alleged civil and criminal police misconduct? (1 grade point)
  • Will the candidate create an office do-not-call list for officers with repeat civil rights abuses and/or other misconduct that, though the conduct falls short of criminal conduct, is still abusive and offensive to members of the community? What is the candidate’s timetable for instituting such a do-not-call list? (1 grade point)
  • Will the candidate create an accountability matrix that enumerates swift, certain graduated sanctions when police officers violate the civil rights of civilians? Will the candidate make this accountability matrix available to the public? What is the candidate’s timetable for creating such a matrix? (.25 grade points)
  • Does the candidate have a demonstrable track record of pushing for police accountability prior to running for DA, including but not limited to past and present support for police body cameras? (.25 grade points)
  • Does the candidate pledge to accept no political contributions from prosecutors and police officers due to the obvious inherent conflict of interest? (.25 grade points)

Additional Questions for Greg Henning:

  • As of July 2nd you have received $55,775 in contributions from individuals in law enforcement. Is it your position that this does not in any way create a conflict of interest if you are later asked to hold any of the same officers accountable?
  • In the video above at the Suffolk Law School candidates forum, all candidates were asked if they would appoint a special prosecutor to review fatal police killings of civilians. You were the only candidate that said “no.” Is it your position that the $57,775 police contributed to you have nothing to do with you breaking ranks with all of the other candidates on this issue?
  • Police officers who make political contributions to your campaign risk putting their home addresses in a public database that is searchable by defendants. Why is donating money to a district attorney candidate such as yourself so important to police officers that they are literally risking the safety of themselves and their families in order to give you money? Do you have an opinion on what they think it is they are getting in return for these contributions, given the safety risk?
  • Will you pledge to return contributions by officers accused of misconduct, such as Zach Crossen, who donated $250 to your campaign?
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  • In the 1970s, New York passed a comprehensive bail reform bill that required judges to consider a defendant’s ability to pay. Criminal court judges and prosecutors ignored it for 40 years and today 77% of the daily jail population in New York City is comprised of individuals being held on cash bail awaiting trial

  • This illustrates that the district attorney – and how s/he decides to request cash bail and implement other key types of criminal justice reform as matters of internal policy – is far more impactful than legislative enactment such as the omnibus reform bill recently passed by the Massachusetts legislature

  • The example of New York shows that Suffolk County, MA voters would do well to get candidates to commit to specific reform on the record, now, in writing, in explicit detail, because once they are elected they will essentially be unaccountable to anyone

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JP Progressives Candidates Survey +

  1. Currently, many people are behind bars simply because they cannot pay their bail. What changes, if any, would you implement regarding for whom and under what circumstances you would direct your Assistant District Attorneys to request cash bail?
  2. Do you support raising the age of criminal majority?
  3. Would you treat young adults between the ages of 18 to 25 differently in light of growing neuroscience research indicating our brains are not fully developed until the age of 25 and in light of environmental and developmental factors that can affect decision making in that age range?
  4. What do you see as the priorities regarding the treatment of juveniles by the District Attorney's office? What would you do to address these issues?
  5. How would you address individuals with mental illness in the criminal justice system?
  6. How can your office work to divert non-violent cases to pre-arraignment diversion so they do not show up as CORI records? What cases would you divert? What charges would you decline?
  7. How would you use your office to advocate for broader changes in the criminal justice system? i.e. what legislative policies would you advocate for?
  8. What provisions of the recently passed State House criminal justice bill do you support? What provisions do you NOT support? What is missing from the current Criminal Justice Reform bill?

Hibernian Hall Debate, June 7, 2018 +

  1. Do you support eliminating cash bail?
  2. Do you support eliminating mandatory sentences for all crimes except murder?
  3. Do you agree to not prosecute low-level drug offenses?
  4. Will you use civil asset forfeiture only after someone has been convicted?
  5. Will you double the number of cases that go to pre-trial diversion?
  6. Has the current DA’s office contributed to worsening racial disparities?

Perfect D.A. Scorecard Follow-up Questions +

  1. Has the candidate pledged to reform how cash bail is used, imposing it as a last resort, limited to cases where jail is being sought, and in the least disruptive way possible? Does the candidate plan to create a matrix to help line prosecutors make bail determinations on the fly in court, and will the candidate agree to make the matrix publicly available? (.5 grade points)
  2. Does the candidate support raising the age of criminal responsibility to 21? Will the candidate create different prosecution tracks for young people 18-25, and prosecute only after all less-invasive diversion options have been attempted? (.5 grade points)
  3. Does the candidate plan to charge mandatory minimums, and in what circumstances? Does the candidate plan to create a matrix that will help line prosecutors make these determinations on a day-to-day basis, and to make this matrix publicly available? (.5 grade points)
  4. Does the candidate have a plan to reform civil asset forfeiture? Will the candidate agree to raise the standard of forfeiture from preponderance of evidence to beyond a reasonable doubt in all cases? Does the candidate agree to move to seize assets only after a person has first been convicted of an underlying crime? (.25 grade points)
  5. Does the candidate have a plan to divert as many different types of cases as possible away from traditional prosecution tracks prior to arraignment? Will the candidate commit to exhausting all less-invasive, non-prosecution tracks prior to prosecution? What is the plan, and does it include violent crimes and all other crimes involving victims, and if so, will the candidate seek victim approval first? (1 grade point)
  6. Does the candidate have a plan to evaluate and divert cases prior to arraignment where mental health treatment and services are needed? What is the plan? How does the candidate plan to staff and fund the plan? (.25 grade points)
  7. Does the candidate have a plan to evaluate and divert prior to arraignment cases where substance addiction disorder treatment and services are needed? What is the plan? How does the candidate plan to staff and fund the plan? (.25 grade points)
  8. Will the candidate create a new community service paradigm so participants can work towards building a resume, applying to school, participating in employment and training programs, and obtaining other assets and resources proven to increase their chances at success, rather than picking up trash and cleaning bathrooms? (.25 grade points)
  9. If the office shifts focus from prosecution first to diversion and then prosecution only after all less-invasive diversion options have been attempted, there are going to be a lot of line prosecutors that no longer have cases to work on. How does the candidate plan to shift both personnel and funding resources to account for this? (.25 grade points)
  10. Did the candidate support the recent omnibus criminal justice reform legislation enacted by the legislature? Does the candidate support full implementation of the law going forward? What sections, if any, did the candidate disagree with in the criminal justice reform package recently signed and enacted by the governor? Does the candidate recognize that these reforms are not enough, and will the candidate support future reforms? Does the candidate acknowledge that the MDAA and NDAA are traditionally the most vocal opponents of criminal justice reform? Will the candidate pledge now to break ranks with either/both associations in the future if the associations oppose important reform(s)? (.25 grade points)
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  1. Currently, many people are behind bars simply because they cannot pay their bail. What changes, if any, would you implement regarding for whom and under what circumstances you would direct your Assistant District Attorneys to request cash bail?

- JP Progressives Candidates Survey

  1. Do you support eliminating cash bail?

- Hibernian Hall Debate, June 7, 2018

    1. Has the candidate pledged to reform how cash bail is used, imposing it as a last resort,         limited to cases where jail is being sought, and in the least disruptive way possible?               Does the candidate plan to create a matrix to help line prosecutors make bail                         determinations on the fly in court, and will the candidate agree to make the matrix                 publicly available?

                                     -Perfect D.A. Scorecard   

 

Evandro Carvalho's Response +

1 - “I will end cash bail imprisonment that too often forces poor people to remain in jail or prison simply because they cannot afford the bail. I am proud of the legislation we just passed to assure that judges will only impose bail that defendants can actually afford. But according to a report produced by Mass INC, “Geography of Incarceration,” 35,000 people were held pre-trial in Suffolk County jail from 2009-2015. During the same period, only 8,000 were in the jail serving a sentence. That is over 80% of the people being held pretrial. As a former prosecutor, I know that the vast majority of the cases do not end in a defendant being sent to jail or prison; the question for us then becomes why are we holding people pre-trial for crimes that they do not go to jail for even after a conviction? As the next DA, I commit to reevaluating our bail practices on all cases and ensuring that people will not be imprisoned because they can’t afford bail.”

1 - “Yes.”

1 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-.10) Candidate pledges to reform how cash bail is used, imposing it as a last resort, limited to cases where jail is being sought, and in the least disruptive way possible, but candidate does not mention a bail matrix that will help line prosecutors make bail determinations on the fly in court.

Linda Champion's Response +

1 - “Non-violent offenders should not be held because they are poor. The ADAs will be responsible for making sure they are not requesting excessive bail and all bail requests must comply with MGL Ch. 276 s. 58 and the ADAs must document all mitigating circumstances.” 


1 - “No.”

1 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-.45) Candidate does not commit to ending cash bail and proposed modifications to office bail practices essentially reiterate existing bail practices. No mention of bail matrix for line prosecutors to use in court.

Greg Henning's Response +

1 - “I do not believe in a rigid, one-size fits all rule for bail requests. Every defendant comes before the court with a different case, a different history with the criminal justice system, and with different life circumstances, all of which need to be taken into account. This is the logic of the Supreme Judicial Court’s decision in Commonwealth v. Brangan, and the findings of that decision have been codified in the recent criminal justice reform bill. As prosecutors, we should absolutely not be asking for a cash bail if we do not think, at the end of the day, that the case is deserving of a jail sentence. If elected, I would implement that guiding rule for adoption by all of our prosecutors. By and large, possessory drug offenses will not be cases for which our office will be seeking bail. Instead, we will be seeking to have these persons “intaked” by health care providers at the courthouse in order to get them the services they really need. I would seek to strengthen and expand on the existing “Road to Recovery” program dealing with those battling addiction.”

1 - “No.”

1 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-.25) Candidate does not agree to ending cash bail but does commit to using it only in cases where jail is being requested, and not for minor cases such as possession. No mention of matrix to help line prosecutors in court

Shannon McAuliffe's Response +

1 - “From 2013-2015, the Suffolk County Jail and House of Correction processed 22,000 admissions and 87% (or 19,000+) were defendants held in pre-trial. Also, for far too long, prosecutors have been using cash bail as a mechanism to extract a plea or as a response to the person’s perceived danger when cash bail simply fails to address danger, i.e., ability to pay has no relation to dangerousness. (There is a specific hearing prosecutors invoke when they believe a defendant is too dangerous to be free and if a judge agrees after a hearing with evidence, the defendant is held without bail. This is separate and apart from setting cash bail.) Money should be used as a motivator to encourage court attendance when someone has it and it will motivate them. If a fraud case is charged and the defendant may take off, I would set a cash bail to motivate him/her in relation to his/her net worth. If one has no money, then cash bail cannot motivate them and should not be used to increase court attendance. Bail is meant to increase court attendance, not increase the number of days incarcerated before disposition. I will implement the following:

No cash bail for misdemeanors; No cash bail for other enumerated offenses (OUI, Prostitution, Assault and Battery on Police Officer Without Injury) No cash bail for any offense in which the prosecutor will not likely ask for jail time at the time of disposition (recently an ADA asked for $5,000 when a young man fled from police on a stolen motorbike and he was held for 3 weeks during which time he lost his job. I asked the ADA’s Supervisor if they were ultimately going to ask for jail time and when he said “no,” I asked why he requested $5,000 bail, and he answered “public safety.” When I tried to explain we are safer when the young man (formerly gang involved) is working, he said, “And I would ask for $5,000 cash bail again.” For the remainder, I would use an analytic tool that weighs the likelihood of appearing and risk of re-offense and set bail accordingly, which might include cash, checking in with pretrial services, obtaining services that would be relevant to an ultimate disposition and/or GPS if the person is a serious flight risk.”

1 - “Yes.”

1 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.0) Candidate pledges to reform how cash bail is used, imposing it as a last resort, limited to cases where jail is being sought, and in the least disruptive way possible. Candidate does not specifically mention a bail matrix, but the list of multiple no-bail situations referenced is essentially enough of a matrix to guide line prosecutors in court.

Rachael Rollins's Response +

1 - “Under my administration, poverty will not be criminalized. I intend to strongly consider going to a no cash bail system. Some improvement to the current bail system has been made in the new criminal justice reform bills, specifically codifying the ruling in the Brangan decision (finding that a judge must consider the defendant’s financial resources when setting bail, but is not required to set bail in an affordable amount if other relevant considerations weigh more heavily than that consideration). This is a good first step. We need to do more.”

1 - “Yes.”

1 - "Yes. I will absolutely consider a matrix, and/or requiring that ADAs get supervisory sign-off if they are proposing cash-bail for any offenses at the state sentencing guideline 3 or below. This proposal is consistent with reforms proposed or already made in Philadelphia, Brooklyn, Manhattan, and Harris County, Texas."

Grade Point Deductions:

(-0.0) Candidate pledges to reform and move towards elimination of cash bail, enumerates types of cases where bail will not be requested, and commits to creating a bail matrix.

________________________________

2. Do you support raising the age of criminal majority?

- JP Progressives Candidates Survey

3. Would you treat young adults between the ages of 18 to 25 differently in light of growing neuroscience research indicating our brains are not fully developed until the age of 25 and in light of environmental and developmental factors that can affect decision making in that age range?*

- JP Progressives Candidates Survey

5. What do you see as the priorities regarding the treatment of juveniles by the District Attorney's office? What would you do to address these issues?

- JP Progressives Candidates Survey

2. Does the candidate support raising the age of criminal responsibility to 21? Will the candidate create different prosecution tracks for young people 18-25, and prosecute only after all less-invasive diversion options have been attempted?

Perfect D.A. Scorecard

 

Evandro Carvalho's Response +

2 - “Yes.”

3 - “Yes. I filed legislation at the State House of Representatives to raise the age to 21 and have been working with youth advocates and organizations on this critical work. I will implement evidenced-based policies do deal with this population in Suffolk County. One of the options I am seriously considering is young adult courts, as has been seen in other areas, including San Francisco.”

5 - “We must find every possible way to keep children out of the system. In cases where there are non-violent charges, we should use restorative justice and proven pretrial diversion strategies to keep the children out of prison. We should also work to advocate for reforms that would include young adult detention centers and units so children can be treated differently. I will also work to continue the age of criminal responsibility so our youngest children are kept out of the system.”

2 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.0) Candidate supports raising the age of criminal responsibility to 21

(-0.1) Candidate commits to different prosecution tracks for young people 18-25, but only for non-violent offenses

(-0.1) Candidate commits to diverting young people but does not specifically commit to prosecution only after all less-invasive diversion options have been attempted

Linda Champion's Response +

2 - “No. It is my position that at 18 you know right from wrong. I understand that a person 18-25 can lack maturity or could be more likely to make a bad choice. However we have to deal with that on a case by case basis. For me the issue is not age but the offense. A person at 40 can also make a bad choice and that person should also be given the same opportunity we would give to a person at 18-25.”

3 - “No, unless we determine there is a mental health issue. As I stated at the forum I will treat them as adults. 18+ has the right to vote, drive, and go to war for our country all of these important privileges that suggest maturity. I acknowledge 18-25 may lack maturity and at that age you can be impulsive so as I stated I am open to taking a staircase approach factoring in the mitigating circumstances. This has to be done on a case by case basis.”

5 - “The priority is to make sure that we can change lives and save lives. Juveniles can make decisions that are impulsive or based on peer pressure. We need to look at all youthful offenders as a person we can reach and help navigate back to being successful.”

2 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.1) Candidate does not support raising the age of criminal responsibility to 21

(-0.2) Candidate does not commit to different prosecution tracks for young people 18-25

(-0.2) Candidate does not commit to diverting young people only after all less-invasive diversion options have been attempted

Greg Henning's Response +

3 - “I recognize that the young adults who find themselves before the court are not as mentally developed as older offenders. I would be in favor of opening up a “young adults” session in our courts that would handle cases for this age demographic specifically. If we funnel resources into a consolidated session, our chances for rehabilitation and reducing recidivism among this impressionable group will be improved. I also support the provision of the new crime bill that sought to keep separate younger inmates from older inmates. I have seen first-hand the difference between a 16-year-old and a 19-year-old in both my work as a teacher and a prosecutor, and I think the impressionability of younger offenders is something we have to closely monitor in our system. I would support the Sheriff’s Department creating a young offenders unit to help.”

5 - “The priority regarding juveniles should be in rehabilitation and diverting them away from the courts. Once kids enter our courts, we need to work hard to make sure that they do not come back as adults. We need to invest in diversionary programs for juveniles that focus on treating the underlying causes and conditions that drove the young person to offend in the first place. I want to see parents, defense lawyers, prosecutors, mental health care providers, faith communities, employers, and recovery programs work to collectively address whatever issues are most pressing for an individual.”

2 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.1) Candidate does not answer whether supports raising the age of criminal responsibility to 21

(-0.1) Candidate commits to different prosecution tracks for young people 18-25 but does not specify for which kinds of offenses

(-0.1) Candidate commits to diverting young people but does not specify whether only after all less-invasive diversion options have been attempted

Shannon McAuliffe's Response +

2 - “Yes..”

3 - “Yes. I understand intimately the need for raising the age for emerging adults from representing young men and women for over a decade and then with this age group at Roca. Every last young person would often express feeling out of control in the moment. As we mature and our brains develop, our behavior also matures from emotionally-based (where our actions often mirror our emotions and get us into trouble) to value based (where our values override the current emotion). And toxic stress experienced as a child (parent incarcerated, drug use in the home, experiencing violence and unsafety, nutrition deficiency, etc.) exacerbates the problem because brain and skill development is further impaired by trauma. The system must take into account the science telling us that emerging adults’ impulsivity is expected. And the plasticity of their brains increases their ability to learn, change and be influenced by their surroundings so we can choose jail (which will certainly make them worse) or choose the hard work of diverting them to programs that will make them strong, resilient and less likely to commit future crime. When money matters, like when assessing risk with rental cars, industries have no problem acting on the science proving pre-25 year-old brains cause expected impulsive, erratic and sometimes dangerous behavior. We need to stop judging and punishing and, like the insurance industry, recognize real differences that require different, more thoughtful responses.”

5 - “The priority is to keep any child out of the system whenever possible. First, I would ensure courts are no longer used as a substitute for the Principal’s office which often should be the worst thing that happens when a kid misbehaves. Second, we often criminalize adolescence and if a charge would not materialize for a kid on Beacon Hill, it similarly should not anywhere else. Instead of court we use our words, families, communities and when needed a DA’s office to direct that discourse. Third, I have been trained in community conferencing/restorative practices and understand the value, efficiency and effectiveness of using this process when someone is aggrieved by a juvenile’s behavior. https://www.restorativeresponse.org. The people closest to the problem are often closest to the solution and need to be utilized for substantive healing. And finally, juveniles who are victims of violent crime will be seen, heard, serviced, worked and valued. The system simply fails to appreciate the devastating physical, emotional and mental damage done when a young person is shot or stabbed. At present when the victim “won’t cooperate,” they are judged and then left to navigate their pain, trauma and fear on their own with no skills whatsoever to meet that monumental challenge.”

2 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.0) Candidate supports raising the age of criminal responsibility to 21

(-0.1) Candidate alludes to different prosecution tracks for young people 18-25, but does not specify for which types of offenses

(-0.0) Candidate commits to diverting young people and specifically commits to prosecution only after all less-invasive diversion options have been attempted

Rachael Rollins's Response +

2 - “Yes.”

3 - “Yes.”

5 - “Juveniles are some of the most vulnerable populations that the SCDAO interacts with. I am told that the Juvenile Division at the SCDAO currently has no black or latinx ADAs in the Unit. We need to think of an almost exclusive diversion tactic with Juveniles. Where almost everyone coming into the system has an alternative outcome rather than detention, which should be left as an outcome for only the most egregious cases and when no other rational alternative is available.”

2 - Yes. Yes.

(-0.0) Candidate supports raising the age of criminal responsibility to 21

(-0.0) Candidate commits to different prosecution tracks for young people 18-25

(-0.0) Candidate commits to diverting young people in all cases except for the most violent after all other less-invasive attempts have been exhausted

________________________________

2. Do you support eliminating mandatory sentences for all crimes except murder?

- Hibernian Hall Debate, June 7, 2018

3. Does the candidate plan to charge mandatory minimums, and in what circumstances? Does the candidate plan to create a matrix that will help line prosecutors make these determinations on a day-to-day basis, and to make this matrix publicly available?

- Perfect D.A. Scorecard

 

Evandro Carvalho's Response +

2 - "Yes."

3 - N/A Candidate did not answer by deadline.

Grade Point Deductions:

(-0.0) Candidate commits to eliminating all mandatory minimums except murder

Linda Champion's Response +

2 - "No."

3 - N/A Candidate did not answer by deadline.

Grade Point Deductions:

(-.5) Candidate does not support eliminating mandatory minimums. Need to know which cases will still charge mandatory minimums, and whether will create a matrix for line prosecutors to use in court to make these determinations

Greg Henning's Response +

2 - "No."

3 - N/A Candidate did not answer by deadline.

Grade Point Deductions:

(-.5) Candidate does not support eliminating mandatory minimums. Need to know which cases will still charge mandatory minimums, and whether will create a matrix for line prosecutors to use in court to make these determinations

Shannon McAuliffe's Response +

2 - "Yes."

3 - N/A Candidate did not answer by deadline.

Grade Point Deductions:

(-0.0) Candidate commits to eliminating all mandatory minimums except murder

Rachael Rollins's Response +

2 - "Yes."

3 - All of my ADAs will be trained and instructed on the consequences of the charges that we bring against people. Each ADA will be made aware of every charge that carries a mandatory minimum (thereby removing any and all discretion from a Judge during sentencing). We will create a matrix and that matrix will be made available to the public.

Grade Point Deductions:

(-0.0) Candidate commits to eliminating all mandatory minimums except murder

________________________________

5. How would you address individuals with mental illness in the criminal justice system?*

- JP Progressives Candidates Survey

3. Do you agree to not prosecute low-level drug offenses?

- Hibernian Hall Debate, June 7, 2018

6. Does the candidate have a plan to evaluate and divert cases prior to arraignment where mental health treatment and services are needed? What is the plan? How does the candidate plan to staff and fund the plan?

7. Does the candidate have a plan to evaluate and divert prior to arraignment cases where substance addiction disorder treatment and services are needed? What is the plan? How does the candidate plan to staff and fund the plan?

Perfect D.A. Scorecard

 

 

Evandro Carvalho's Response +

5 - “Expanding mental health and drug courts will be a top priority for my administration. We must ensure that people with mental health issues and addiction receive adequate treatment. As State Representative, I have been working to ensure there is money secured in the budget to expand these courts so people can receive treatment. I will also look to implement a young adult (18-24) office to deal with the specific needs of emerging adults. Data has shown that our brains do not fully develop until the age of 25 and this group also has the highest recidivism rates. I am aware of a similar session in San Francisco being implemented that may serve as a model.”

3 - "Yes."

6 & 7 - N/A Candidate did not answer questions by deadline.

Grade Point Deductions:

(-.03) Candidate has plan to create mental health court but does indicate whether this court will evaluate and divert cases prior to arraignment where mental health treatment and services are needed

(-.03) Need more details to evaluate plan

(-.05) Candidate mentions funding but not budget or how much

(-.05) Candidate agrees to not prosecute low-level drug cases but need more information on plan to evaluate and divert prior to arraignment cases where substance addiction disorder treatment and services are needed, including cases more serious than simple possession

(-.05) Need more details to evaluate plan

(-.10) Need to know how candidate plans to staff and fund plan

Linda Champion's Response +

5 - “I plan to retain and hire 3 mental health professional that will work directly for the office. Those individuals will be responsible for working with ADAs assigned to cases involving violent and victim cases. Non-violent offenses (w/out victims) committed by a person that suffers from a mental illness should continue to work with their own counsel and their family and must be removed from the docket. Those offenses involving a victim should receive permission from defense to share with victim the underlying mental health condition and assigned ADA should work with defense and victim toward satisfactory disposition.”

3 - "Yes."

6 & 7 - N/A Candidate did not answer questions by deadline.

Grade Point Deductions:

(-.05) Candidate has plan to divert mental health cases for nonviolent cases only, but does not state whether will remove prior to arraignment

(-.05) Need more details to evaluate plan

(-.08) Candidate mentions staffing a countywide plan with three employees but no mention of budget

(-.05) Candidate agrees to not prosecute low-level drug cases but need more information on plan to evaluate and divert prior to arraignment cases where substance addiction disorder treatment and services are needed, including cases more serious than simple possession

(-.05) Need more details to evaluate plan

(-.10) Need to know how candidate plans to staff and fund plan

Greg Henning's Response +

5 - “Right now, our mental health court at the Central Division Boston Municipal Court is making strides in reducing recidivism for people with serious mental health issues, through a health plan and access to health care providers. I want to continue to build upon this effort by creating more of these sessions in more courts, or alternatively, expanding the BMC session to reach more people in other neighborhoods of Boston. We need the trial court to employ more court clinicians so that people coming into contact with the criminal justice system will have quicker access to a mental health evaluation. As it stands now, some individuals are held overnight simply because the very few employed doctors cannot make their way to a courthouse for an intake because they are so busy, and that is a tragic reality we should address.”

3 - "No."

6 & 7 - N/A Candidate did not answer questions by deadline.

Grade Point Deductions:

(-.03) Candidate has plan to divert mental health cases, but does not state whether will remove prior to arraignment

(-.03) Need more details to evaluate plan

(-.05) Candidate mentions staffing a countywide plan but no mention of budget or how to fund the plan

(-.10) Candidate does not agree to not prosecute low-level drug cases. Need more information on plan to evaluate and divert prior to arraignment cases where substance addiction disorder treatment and services are needed, including cases more serious than simple possession

(-.05) Need more details to evaluate plan, if any

(-.10) Need to know how candidate plans to staff and fund plan, if any

Shannon McAuliffe +

5 - “Everyone agrees on the easy issue that we should not jail people who are mentally ill. However, mentally ill people are jailed because they either cannot fulfill probation obligations and/or commit crime and most often, violent crime. The system simply cannot adapt its playbook and that will change with me. Mental health will be the first consideration to determine the trajectory of the case instead of, “I know he is mentally ill but my hands are tied in a [DV/assault/breaking and entering/fill in the blank] case.” If we can increase safety by connecting someone to treatment instead of jailing them, treatment will be the priority. Prosecutors also must internalize the fact that relapse is part of any treatment and view those lapses with the lens of desistance.

I had a Roca participant, Sam (not his real name) who suffered a serious psychotic break with multiple hospital commitments who was jailed for prior minor offenses like passing a counterfeit note and breaking and entering cars when he could not report to probation or make his court dates. He could not get into mental health court because defendants must express a desire for treatment and take responsibility but his break was so severe he simply stopped speaking to anyone, including his lawyer. I wrote to the District Attorney explaining in detail the horror that was occurring with Sam who could not fulfill the requirement to get into mental health court because of his mental illness and was jailed as a result. I received a letter back from a line ADA offering for Sam to plead guilty to probation or plead guilty and serve 30 days to close the cases. This letter was one of the catalysts for me to run against Conley to allow basic reason to return to the office.”

3 - “Yes.”

6 & 7 - N/A Candidate did not answer questions by deadline.

Grade Point Deductions:

(-.02) Candidate has plan to divert mental health cases for nonviolent cases only, but does not state whether will remove prior to arraignment

(-.02) Need more details to evaluate plan

(-.05) Candidate mentions staffing a countywide plan but no mention of budget or how to fund the plan

(-.05) Candidate agrees to not prosecute low-level drug cases. Need more information on plan to evaluate and divert prior to arraignment cases where substance addiction disorder treatment and services are needed, including cases more serious than simple possession

(-.05) Need more details to evaluate plan, if any

(-.10) Need to know how candidate plans to staff and fund plan, if any

Rachael Rollins's Response +

5 - “Please see my answer at the forum. Also, I reiterate here that mental illness is not a crime. I will use my role as DA to make that as clear as possible to anyone who will listen. We need to get people the services that they need. Prisons are the new asylums. And that is not ok.”

3 - “Yes.”

6 - Yes. Charges for which the Default is to Decline Prosecuting (unless supervisor permission is obtained): trespassing shoplifting (including offenses that are essentially shoplifting but charged as larceny) larceny under $250 disorderly conduct disturbing the peace receiving stolen property minor driving offenses, including operating with a suspend or revoked license breaking and entering -- where it is into a vacant property or where it is for the purpose of sleeping or seeking refuge from the cold and there is no actual damage to property wanton or malicious destruction of property threats - excluding domestic violence minor in possession of alcohol drug possession drug possession with intent to distribute a stand alone resisting arrest charge, i.e. cases where a person is charged with resisting arrest and that is the only charge a resisting arrest charge combined with only charges that all fall under the list of charges to decline to prosecute, e.g. resisting arrest charge combined only with a trespassing charge

Instead of prosecuting, these cases should be (1) outright dismissed prior to arraignment or (2) where appropriate, diverted and treated as a civil infraction for which community service is satisfactory, restitution is satisfactory or engagement with appropriate community-based no-cost programming, job training or schooling is satisfactory. In the exceptional circumstances where prosecution of one of these charges is warranted, the line ADA must first seek permission from his or her supervisor. If necessary, arraignment will be continued to allow for consultation with supervisor. Thus, there will be an avenue for prosecuting these misdemeanors when necessary but it will be appropriately overseen by experienced prosecutors. Note: this is essentially already happening for drug possession cases in Roxbury and Dorchester District Court.

These charges often have the function of punishing very vulnerable individuals for their homelessness - trespass, shoplifting, breaking and entering in the circumstances outlined, receiving stolen property.

These charges often have the function of punishing individuals for their medical conditions, i.e. having an addiction - drug possession, drug possession with intent to distribute. In addition, these charges disproportionately burden communities of color.

These charges often have the function of criminalizing youthful conduct and disproportionately impact poor youth and youth of color, pushing them into the criminal system rather than engaging them with needed support, employment or services.

These kinds of charges take up a great deal of the line ADAs time. In addition to being more fair, productive and just, creating a system to manage the above-listed cases is resource-effective. It will reduce the case load of line ADAs, thereby allowing line ADAs the time they need to properly and promptly invest in cases that raise genuine issues of public safety. It will also clear the backlog in the criminal courts so that worthwhile cases can reach resolution in a much more speedy fashion than is happening now, especially in the district courts.

7 - Yes (See above answer).

Grade Point Deductions:

(-0.0) Candidate has plan to divert mental health cases prior to arraignment

(-0.0) Candidate has excellent, detailed plan developed in conjunction with multiple practitioners

(-0.0) Candidate commits to declining to prosecute multiple categories of minor cases and reallocating staffing and resources to getting people the services they need

(-0.0) Candidate agrees to not prosecute low-level drug cases and has plan to evaluate and divert prior to arraignment cases where substance addiction disorder treatment and services are needed, including cases more serious than simple possession

(-0.0) Candidate has excellent, detailed plan developed in conjunction with multiple practitioners

(-0.0) Candidate commits to declining to prosecute multiple categories of minor cases and reallocating staffing and resources to getting people the services they need

________________________________

6. How can your office work to divert non-violent cases to pre-arraignment diversion so they do not show up as CORI records? What cases would you divert? What charges would you decline?*

- JP Progressives Candidates Survey

5. Will you double the number of cases that go to pre-trial diversion?

- Hibernian Hall Debate, June 7, 2018

5. Does the candidate have a plan to divert as many different types of cases as possible away from traditional prosecution tracks prior to arraignment? Will the candidate commit to exhausting all less-invasive, non-prosecution tracks prior to prosecution? What is the plan, and does it include violent crimes and all other crimes involving victims, and if so, will the candidate seek victim approval first?

8. Will the candidate create a new community service paradigm so participants can work towards building a resume, applying to school, participating in employment and training programs, and obtaining other assets and resources proven to increase their chances at success, rather than picking up trash and cleaning bathrooms?

9. If the office shifts focus from prosecution first to diversion and then prosecution only after all less-invasive diversion options have been attempted, there are going to be a lot of line prosecutors that no longer have cases to work on. How does the candidate plan to shift both personnel and funding resources to account for this?

- Perfect D.A.Scorecard

 

 

Evandro Carvalho +

6 - “I believe diversion programs are crucial when handling nonviolent, low level drug offenses. As State Representative, I have been fighting for the past four years for more funding for youth jobs and diversion programs.”

5 - “Yes.”

5, 8, 9 - N/A Candidate did not answer questions by deadline.

Grade Point Deductions:

(-.15) Candidate commits to diversion cases, but only for low-level nonviolent offenses

(-.5) Candidate has not committed to exhausting all less-invasive, non-prosecution tracks prior to prosecution of all cases

(-.25) Candidate does not include violent crimes or mention any other crimes involving victims

(-.25) No mention of how to reorganize staffing

(-.25) No mention of creating a new community service paradigm

Linda Champion +

6 - “As a Roxbury District Court prosecutor, cases involving youthful offenders were conferenced together with defense counsel and the defendant. For petty offenses we often did Pre-Arraignment diversion and those charges were never arraigned. We practiced diversion before it was ever addressed in any bill and we found great success. All non-violent offenses, aside from DUI, should be diverted for first-time offenders.”

5 - “No.”

5, 8, 9 - N/A Candidate did not answer questions by deadline.

Grade Point Deductions:

(-.10) Candidate commits to diversion, but only for first time nonviolent offenses except DUI

(-.5) Candidate has not committed to exhausting all less-invasive, non-prosecution tracks prior to prosecution of all cases

(-.25) No mention of violent crimes or other crimes involving victims

(-.25) No mention of how to reorganize staff

(-.25) No mention of creating a new community service paradigm

Greg Henning +

6 - “Thanks to the new criminal justice reform bill, which was passed after the submission of this question, we will no longer see cases on CORI records that have yet to be arraigned. This is a great step in helping young people keep their records clean and increase employment opportunities. Juveniles charged with non-violent offenses and low-level property crimes should be the focus for diversionary programs. I want to see our office diverting possessory drug cases so that people suffering from addiction can stay out of the criminal justice system and be directed to the treatment they actually need. We should also be diverting many low-level offenders with alcohol problems toward rehabilitation programs. The key is to get at the underlying causes and conditions. We must be very careful not to use diversion simply as a way to show offenders the door out of the courthouse without doing something to point them in the right direction.”

5 - “No.”

5, 8, 9 - N/A Candidate did not answer questions by deadline.

Grade Point Deductions:

(-.15) Candidate commits to diversion, but only for non-violent juvenile crimes and low-level drug and alcohol cases for adults

(-.5) Candidate has not committed to exhausting all less-invasive, non-prosecution tracks prior to prosecution of all cases

(-.25) No mention of violent crimes or other crimes involving victims

(-.25) No mention of how to reorganize staff

(-.25) No mention of creating a new community service paradigm

Shannon McAuliffe +

6 - “Prosecutors will meet before arraignments to determine which cases will go the “no arraignment” route. We will develop guidelines for which charges to divert and what diversion will look like will depend on the charge and the defendant’s specific needs. I will divert, when appropriate, first time offenses, low level drug sales, shoplifting, driving offenses, etc. I will decline charges where the evidence was blatantly obtained illegally, the charges are racially motivated, and juvenile cases where the risk assessment tool tells me no entry at all into the system is the best course.”

5 - “Yes.”

5, 8, 9 - N/A Candidate did not answer questions by deadline.

Grade Point Deductions:

(-.10) Candidate commits to diversion, but only for first time and nonviolent offenses

(-.5) Candidate has not committed to exhausting all less-invasive, non-prosecution tracks prior to prosecution of all cases

(-.25) No mention of violent crimes or other crimes involving victims

(-.25) No mention of how to reorganize staff

(-.25) No mention of creating a new community service paradigm

Rachael Rollins +

6 - “Please see my answer at the forum. I will add that each police report should be read with an eye to resolution. Behaviors of the police may not start changing until certain cases start getting declined, or getting automatically diverted, or only lower gradations of certain charges are filed.”

5 - “Yes.”

5 - "I have sat down and met several times with many different groups of CPCS lawyers to get their input on diversion. Here is what I am proposing (with their input):

Charges for which the Default is to Decline Prosecuting (unless supervisor permission is obtained): trespassing shoplifting (including offenses that are essentially shoplifting but charged as larceny) larceny under $250 disorderly conduct disturbing the peace receiving stolen property minor driving offenses, including operating with a suspend or revoked license breaking and entering -- where it is into a vacant property or where it is for the purpose of sleeping or seeking refuge from the cold and there is no actual damage to property wanton or malicious destruction of property threats - excluding domestic violence minor in possession of alcohol drug possession drug possession with intent to distribute a stand alone resisting arrest charge, i.e. cases where a person is charged with resisting arrest and that is the only charge a resisting arrest charge combined with only charges that all fall under the list of charges to decline to prosecute, e.g. resisting arrest charge combined only with a trespassing charge Instead of prosecuting, these cases should be (1) outright dismissed prior to arraignment or (2) where appropriate, diverted and treated as a civil infraction for which community service is satisfactory, restitution is satisfactory or engagement with appropriate community-based no-cost programming, job training or schooling is satisfactory. In the exceptional circumstances where prosecution of one of these charges is warranted, the line ADA must first seek permission from his or her supervisor. If necessary, arraignment will be continued to allow for consultation with supervisor. Thus, there will be an avenue for prosecuting these misdemeanors when necessary but it will be appropriately overseen by experienced prosecutors. Note: this is essentially already happening for drug possession cases in Roxbury and Dorchester District Court.

These charges often have the function of punishing very vulnerable individuals for their homelessness - trespass, shoplifting, breaking and entering in the circumstances outlined, receiving stolen property.

These charges often have the function of punishing individuals for their medical conditions, i.e. having an addiction - drug possession, drug possession with intent to distribute. In addition, these charges disproportionately burden communities of color.

These charges often have the function of criminalizing youthful conduct and disproportionately impact poor youth and youth of color, pushing them into the criminal system rather than engaging them with needed support, employment or services.

These kinds of charges take up a great deal of the line ADAs time. In addition to being more fair, productive and just, creating a system to manage the above-listed cases is resource-effective. It will reduce the case load of line ADAs, thereby allowing line ADAs the time they need to properly and promptly invest in cases that raise genuine issues of public safety. It will also clear the backlog in the criminal courts so that worthwhile cases can reach resolution in a much more speedy fashion than is happening now, especially in the district courts."

8 - Yes. See above answer.

9 - Prosecutors will now be able to focus and work on the cases that actually require their attention as lawyers, instead of prosecuting people for being poor, mentally ill and addicted. They will also be working in the community within which they serve by attending civic association meetings.

We will begin to prosecute wage theft and hate crimes. According to a recent FBI report, in 2016 Massachusetts had the highest number of hate crimes committed in the United States. Under my leadership, the SCDAO and the BPD gang unit are going to start focusing more of our attention on neo-nazi groups openly planning racial violence.

Grade Point Deductions:

(-0.0) Candidate commits to diversion with detailed specifics on which types of cases

(-0.0) Candidate commits to exhausting all less-invasive, non-prosecution tracks prior to prosecution of all appropriate cases

(-.25) No mention of violent crimes or other crimes involving victims

(-0.0) Candidate commits to reorganizing staff and prioritizing important cases, including hate crimes

(-0.0) Candidate commits to creation of a new community service paradigm

________________________________

7. How would you use your office to advocate for broader changes in the criminal justice system? i.e. what legislative policies would you advocate for?

- JP Progressives Candidates Survey

8. What provisions of the recently passed State House criminal justice bill do you support? What provisions do you NOT support? What is missing from the current Criminal Justice Reform bill?*

- JP Progressives Candidates Survey

10. Did the candidate support the recent omnibus criminal justice reform legislation enacted by the legislature? Does the candidate support full implementation of the law going forward? What sections, if any, did the candidate disagree with in the criminal justice reform package recently signed and enacted by the governor? Does the candidate recognize that these reforms are not enough, and will the candidate support future reforms? Does the candidate acknowledge that the MDAA and NDAA are traditionally the most vocal opponents of criminal justice reform? Will the candidate pledge now to break ranks with either/both associations in the future if the associations oppose important reform(s)?

- Perfect D.A. Scorecard

 

Evandro Carvalho's Response +

7 - “As State Representative, I have been creating and lobbying for legislation to end mass incarceration and racial disparities in our criminal justice system for the past four years. Recently, Massachusetts passed one of the most historic criminal justice reform packages that will make huge strides for all families. I worked with colleagues, advocates, and citizens to make these reforms a reality and have continued to develop relationships with these organizations. As District Attorney, I will utilize my relationships on Beacon Hill to continue to advocate for legislation on further reforms, like further raising the age of criminal responsibility and allowing for the funding on data and transparency initiatives.”

8 - “I was very proud to be a part of drafting and advocating for the passage of the criminal justice bill. This legislation is sweeping and historic for the families across Massachusetts—it lifts people up rather than locking them up. Specifically, I was proud to be the lead sponsor on raising the age of criminal responsibility from 7 to 12 and allowing for juvenile expungement, repealing mandatory minimum sentencing in school zones, and creating funding for families that are survivors of homicide to bury their loved ones with dignity. I did hope the legislation I filed that would have raised the age further from 18 to 21 on criminal responsibility. For the past 4 years, I have been intricately involved in these important reforms, and as District Attorney, I want to make sure these reforms are implemented the way they were intended.”

10 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.0) Candidate supported the recent omnibus criminal justice reform legislation enacted by the legislature

(-0.0) Candidate supports full implementation of the law going forward?

(-0.0) Candidate does not disagree with any of the provisions of the bill except adding of mandatory minimums

(-0.0) Candidate states support for additional reform

(-0.05) Candidate does not acknowledge MDAA and NDAA as most vocal opponents of criminal justice reform and makes no pledge now to break ranks with either/both associations in the future

Linda Champion's Response +

7 - “The priority of the office is victim and witness protection. If the budget allows, the office will allocate and advocate for resources to the County in order to participate in education, re-entry, and mental health treatment. I am a strong advocate for diversion programs and wrap around services, understanding that a person may need multiple opportunities to change particularly those battling substance abuse.”

8 - “As I stated at the time of the forum, youthful non-violent offenders should be added to the definition for automatic pretrial diversion. Additionally, anyone with information about a crime should have the right to testify regardless of their relationship to the alleged defendant. I support the retroactive application of the proposed changes to mandatory min. laws but support it for non-violent offenders. The bill needs to create uniformity where decriminalization varies between cities and towns and it could raise serious equal protection issues if the same offense is treated differently based upon location. Given the way Judges are selected I would object to allowing a judge based on their sole discretion for diversion prior to arraignment.”

10 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.05) Candidate conspicuously avoids mention of the recent omnibus criminal justice reform legislation enacted by the legislature

(-0.05) Candidate does not state if supports full implementation of the law going forward

(-0.0) Candidate does not state disagreement with any of provisions of the bill

(-0.05) Candidate does not state support for or propose additional reform other than uniformity

(-0.05) Candidate does not acknowledge MDAA and NDAA as most vocal opponents of criminal justice reform and makes no pledge now to break ranks with either/both associations in the future if they oppose reform

Greg Henning's Response +

7 - “I’ve already touched on this in multiple answers above but I would implore the legislature to direct more funding to programs that will help people coming out of prison to get a job and job training, and to provide more funding for diversionary programs. I am the only candidate who has openly called for the expungement of cases where a person has been convicted for possession of marijuana. I believe the legislature should mandate housing units be available as temporary emergency housing for victims and witnesses who are in danger. I would continue to push for fair salaries for assistant district attorneys to help diversify the ranks of the District Attorney’s Office.”

8 - “I support the recently passed criminal justice bill. In particular, I would highlight the elimination of minimum mandatory sentences for low-level drug offenses, the CORI reform measure to prohibit a case that has not been arraigned from making it onto a criminal record, and the measure that prohibits juvenile males to be housed as inmates with adult males. I do not support allowing diversion of an assault and battery case over the objection of a victim. I also oppose the provision of the bill that prohibits parents from testifying against their minor children, even if the parent wants to do so. Three significant items are missing from the bill: 1) A provision that would automatically keep the addresses, dates of birth, and telephone numbers of victims and witnesses confidential; 2) a provision that specifically delineates funding for prison reentry programs, which have had their funds slashed in recent years; and 3) a provision that would require a set number of housing units be made available for victims and witnesses who are in need of emergency housing.”

10 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.05) Candidate claims to support the recently passed criminal justice bill but his answers in the yes or no lightning round during the Hibernian Hall debate refute this claim

(-0.05) Candidate does not support full implementation of the law going forward based on his answers during the lightning round

(-0.05) Candidate disagrees with many provisions of the legislation despite claiming otherwise

(-0.05) Candidate does not state support for or propose additional reform

(-0.05) Candidate does not acknowledge MDAA and NDAA as most vocal opponents of criminal justice reform and makes no pledge now to break ranks with either/both associations in the future if they oppose reform

Shannon McAuliffe's Response +

7 - “Raise The Age: I would advocate for raising the age of juveniles to 21 years old as all data suggests in Massachusetts and elsewhere this results in dramatic improved outcomes and less crime for this cohort. Harm Reduction Centers: Vancouver instituted a “safe injection site” for heroin users that saves tens of thousands of lives yearly. Of 3 million injections, there have been a few hundred overdoses and NO deaths (3 Last year 25,000 people died from opioid overdoses in Massachusetts). Further value is in users developing positive relationships with treatment centers, children no longer need to see people shooting up and nodding off in public and no one will contract any disease from a dirty needle. Anyone who scoffs at this need only drive down Melnea Cass to see the dangerous and deadly version of public injection with zero safeguards.

Safe Communities Act: Everyone deserves the protection, assurance and trust of law enforcement. I will advocate for this Act to prohibit local law enforcement to work in any way with ICE to target, question or jail undocumented people. Police Assisted Diversion: Seattle and Philadelphia have instituted programs where police divert low level drug cases and prostitution to community-based programs and services instead of arrest. In Seattle, those diverted are 58% less likely to be arrested again.”

8 - “I support 99% of the changes in the Criminal Justice Bill. I do not agree with adding a mandatory minimum for opioid offernses. While I understand the crisis and the real fear associated, mandatory minimums are a failed policy wasting billions of dollars better spent on the root causes of criminal conduct such as addiction, mental illness and equality in education. Jail does not solve addiction- as long as demand exists, supply will also. All evidence shows mandatory minimum sentences do not deter crime, but rather cost immense human and community damage. I also believe placing false hope in mandatory minimum sentences takes us away from innovative, strategic solutions we must explore to tackle this opioid and drug crisis. Time, energy and money is better spent on real solutions for addiction such as Column Health and the VA’s reduction of opioid prescriptions by 42% where they “do anything and everything” to help people not fail. (https://www.bostonglobe.com/metro/2018/04/03/quest-for-addictiontreatment-that-works-and-data-prove/HtLdhW9hOAgITGMRhs1ERM/story.html) (https://www.bostonglobe.com/metro/2018/04/03/quest-for-addictiontreatment-that-works-and-d ata-prove/HtLdhW9hOAgITGMRhs1ERM/story.htm).”

10 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.0) Candidate supports the recent omnibus criminal justice reform legislation enacted by the legislature

(-0.0) Candidate supports full implementation of the law going forward

(-0.0) Candidate does not disagree with any of the provisions of the bill except adding of mandatory minimums

(-0.0) Candidate states support for additional reform and proposes new solutions

(-0.05) Candidate does not acknowledge MDAA and NDAA as most vocal opponents of criminal justice reform and makes no pledge now to break ranks with either/both associations in the future

Rachael Rollins' Response +

7 - “The next DA has to realize how powerful a voice she has. I intend to be vocal about Health, Education and Housing issues, as well as criminal justice reform matters. Mental Health issues are rampant throughout Suffolk County and there are entire streets that are suffering from PTSD as a result of the endless violence they see. The school to prison pipeline is a problem that has been partially addressed by the criminal justice reform bill, but the DA has to be vocal about these issues and implement the changes in the law. If someone cannot get housing after re-entering the community, we cannot be surprised when they revert to old bad behaviors. Finally, I am actively following the Red Flag legislation in the House and intend to be a strong advocate.”

8 - “I answered this at the forum and reiterate my general disagreement with the concept of mandatory minimum sentences. A Judge is placed in the criminal justice system to utilize his or her judgment. Mandatory minimums remove that judgment completely and place it in the hands of prosecutors, often with limited experience. In Massachusetts, one cannot even be considered for a judicial appointment if they have less than 10 years of relevant legal experience. As a former appointed member of Governor Deval Patrick’s Judicial Nominating Commission, I know first hand that many candidates are not even considered for appointment with less than 12-15 years of relevant legal experience. If at the end of the criminal process you won’t allow an experienced Judge to determine an appropriate sentence and consider any relevant mitigating circumstances, they why allow an often less experienced ADA to make charging decisions that trigger mandatory minimums?”

10 - Yes. Yes. I disagree with the sections that added new mandatory minimums and refused to raise the age of adulthood. Yes. Yes. Yes.

Grade Point Deductions:

(-0.0) Candidate supports the recent omnibus criminal justice reform legislation enacted by the legislature

(-0.0) Candidate supports full implementation of the law going forward

(-0.0) Candidate does not disagree with any of the provisions of the bill except adding of mandatory minimums

(-0.0) Candidate states support for additional reform and proposes new solutions

(-0.0) Candidate acknowledges opponents of criminal justice reform and pledges to break ranks with such associations in the future if necessary

________________________________

4. Will you use civil asset forfeiture only after someone has been convicted?

- Hibernian Hall Debate, June 7, 2018

4. Does the candidate have a plan to reform civil asset forfeiture? Will the candidate agree to raise the standard of forfeiture from preponderance of evidence to beyond a reasonable doubt in all cases? Does the candidate agree to move to seize assets only after a person has first been convicted of an underlying crime?

- Perfect D.A. Scorecard

 

Evandro Carvalho's Response +

4 - "Yes."

4 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.0) Candidate agrees to move to seize assets only after a person has first been convicted of an underlying crime

(-.10) Candidate does not state if commits to raising the standard of forfeiture from preponderance of evidence to beyond a reasonable doubt in all cases

Linda Champion's Response +

4 - "Yes."

4 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.0) Candidate agrees to move to seize assets only after a person has first been convicted of an underlying crime

(-.10) Candidate does not state if commits to raising the standard of forfeiture from preponderance of evidence to beyond a reasonable doubt in all cases

Greg Henning's Response +

4 - "No."

4 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.15) Candidate does not agree to move to seize assets only after a person has first been convicted of an underlying crime

(-.10) Candidate does not state if commits to raising the standard of forfeiture from preponderance of evidence to beyond a reasonable doubt in all cases

Shannon McAuliffe's Response +

4 - "Yes."

4 - N/A Candidate did not answer question by deadline.

Grade Point Deductions:

(-0.0) Candidate agrees to move to seize assets only after a person has first been convicted of an underlying crime

(-.10) Candidate does not state if commits to raising the standard of forfeiture from preponderance of evidence to beyond a reasonable doubt in all cases

Rachael Rollins's Response +

4 - "Yes."

4 - I fundamentally disagree with the concept of civil asset forfeiture. My belief is that assets should not be seized until guilt has been determined or admitted. Additionally, I believe that there should be a threshold value or amount that the SCDAO will not go below for any forfeiture. A lack of a threshold is yet another blatant way that the poor are being forced to fund the criminal justice system.

Grade Point Deductions:

(-0.0) Candidate agrees to move to seize assets only after a person has first been convicted of an underlying crime

(-0.0) Candidate commits to raising the standard of forfeiture from preponderance of evidence to beyond a reasonable doubt in all cases

Candidate Grades in this Category.jpg
 

Total Grades and Grade Points in this Section +

Evandro Carvalho:

Grade: C- (4.0 - 2.16 = 1.84)

Grade Points for this Section: 1.84 x .15 = .28

Linda Champion:

Grade: F (4.0 - 3.48 = 0.52)

Grade Points for this Section: .52 x .15 = .08

Greg Henning:

Grade: D- (4.0 - 3.31 = 0.69

Grade Points for this Section: .69 x .15 = .10

Shannon McAuliffe:

Grade: C (4.0 - 1.89 = 2.11)

Grade Points for this Section: 2.11 x .15 = 0.32

Rachael Rollins:

Grade: A- (4.0 - 0.25 = 3.75)

Grade Points for this Section: 3.75 x .15 = 0.56

This is what we still need to know.jpg
 

Candidates had from July 8, 2018 to July 23, 2018 to answer the following 10 questions to improve their grades. Only Rachael Rollins submitted complete answers by deadline +

  • Has the candidate pledged to reform how cash bail is used, imposing it as a last resort, limited to cases where jail is being sought, and in the least disruptive way possible? Does the candidate plan to create a matrix to help line prosecutors make bail determinations on the fly in court, and will the candidate agree to make the matrix publicly available? (.5 grade points)
  • Does the candidate support raising the age of criminal responsibility to 21? Will the candidate create different prosecution tracks for young people 18-25, and prosecute only after all less-invasive diversion options have been attempted? (.5 grade points)
  • Does the candidate plan to charge mandatory minimums, and in what circumstances? Does the candidate plan to create a matrix that will help line prosecutors make these determinations on a day-to-day basis, and to make this matrix publicly available? (.5 grade points)
  • Does the candidate have a plan to reform civil asset forfeiture? Will the candidate agree to raise the standard of forfeiture from preponderance of evidence to beyond a reasonable doubt in all cases? Does the candidate agree to move to seize assets only after a person has first been convicted of an underlying crime? (.25 grade points)
  • Does the candidate have a plan to divert as many different types of cases as possible away from traditional prosecution tracks prior to arraignment? Will the candidate commit to exhausting all less-invasive, non-prosecution tracks prior to prosecution? What is the plan, and does it include violent crimes and all other crimes involving victims, and if so, will the candidate seek victim approval first? (1 grade point)
  • Does the candidate have a plan to evaluate and divert cases prior to arraignment where mental health treatment and services are needed? What is the plan? How does the candidate plan to staff and fund the plan? (.25 grade points)
  • Does the candidate have a plan to evaluate and divert prior to arraignment cases where substance addiction disorder treatment and services are needed? What is the plan? How does the candidate plan to staff and fund the plan? (.25 grade points)
  • Will the candidate create a new community service paradigm so participants can work towards building a resume, applying to school, participating in employment and training programs, and obtaining other assets and resources proven to increase their chances at success, rather than picking up trash and cleaning bathrooms? (.25 grade points)
  • If the office shifts focus from prosecution first to diversion and then prosecution only after all less-invasive diversion options have been attempted, there are going to be a lot of line prosecutors that no longer have cases to work on. How does the candidate plan to shift both personnel and funding resources to account for this? (.25 grade points)
  • Did the candidate support the recent omnibus criminal justice reform legislation enacted by the legislature? Does the candidate support full implementation of the law going forward? What sections, if any, did the candidate disagree with in the criminal justice reform package recently signed and enacted by the governor? Does the candidate recognize that these reforms are not enough, and will the candidate support future reforms? Does the candidate acknowledge that the MDAA and NDAA are traditionally the most vocal opponents of criminal justice reform? Will the candidate pledge now to break ranks with either/both associations in the future if the associations oppose important reform(s)? (.25 grade points)
Dash - Red.jpg