Moving Past 'Progressive' Prosecution in the Wake of the Trump Administration

Abstract

This short Essay looks at the interrelationship between the Trump administration and progressive prosecutors throughout the country, illuminating how self-described progressive prosecutors postured in opposition to Trump. It examines how the progressive prosecutor movement reacted on losing one of its main antagonists. I argue that the term “progressive prosecutor” has, in essence, become vacant, meaningless, and political, and that rather than perpetuating the use of such a label, another should be instituted in its place that emphasizes forward-looking problem solving as advocated in the American Bar Association’s Standards for the Prosecution Function.

Keywords: progressive prosecutors, prosecutors, ethics, professional responsibility, criminal adjudication, Trump, First Step Act