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The race for Los Angeles County district attorney is one of the most contentious on the March ballot. Eleven challengers are seeking to unseat incumbent George Gascón. If nobody gets a majority of votes, the top two finishers will face off in a November runoff.
The race is shaping up to be a referendum on the policies of Gascón, who is seen across the country as a leader in criminal justice reform. When he took office in December 2020, he issued a series of sweeping directives to his prosecutors aimed at reducing mass incarceration and racial disparities in the justice system.
Critics say the policies have been a failure and contributed to an increase in property crime, including thefts and burglaries. Because of these and other policies, Gascón has become a lightning rod of the right.
A district attorney‘s policies are only one of many factors that contribute to crime trends. In the city of L.A., violent crime is down 3.2% over the past two years, while property crime is up 3.5%. This generally mirrors trends in cities with both conservative and liberal district attorneys across the country.
You can read more about the candidates in the LAist Voter Game Plan.
Here are nine things to consider in the district attorney’s race.
Consider how candidates would handle misdemeanor cases
When he took office, Gascón directed his prosecutors to decline charges involving 13 categories of low-level misdemeanors, including driving on a suspended license, drug and paraphernalia possession, and public intoxication.
The sweeping new policy called for misdemeanor charges only when there were extenuating circumstances, like repeat offenses.
Gascón says many people accused of misdemeanors are unhoused, drug-addicted and/or mentally ill, and that prosecuting them is unfair and has minimal effect on public safety. Critics say prosecuting minor violations of the law helps ensure public safety and minimizes damage to property and victims.
Examine candidates’ views on sentencing enhancements
Sentencing enhancements are additional charges prosecutors may file in an effort to add prison time to a person’s sentence. For example, if you commit a robbery and use a gun in the process, you can be charged with a gun enhancement that can add 10 years to your sentence.
Under California law, there are more than 100 types of sentencing enhancements, including one that applies if you’re a member of a gang, another if you cause great bodily harm and another if you commit a crime against an elder.
Gascón has dramatically reduced the use of sentencing enhancements, arguing they lead to draconian sentences, contribute to mass incarceration and exacerbate racial disparities in the justice system. Critics of Gascón’s policy argue that enhancements are a deterrent to crime and address the seriousness of certain criminal acts.
Listen to how candidates talk about Proposition 47
The 2014 measure, which reduced six crimes from felonies to misdemeanors. The crimes include simple drug possession, certain petty theft under $950, including shoplifting and petty theft with prior petty theft convictions.
Gascón co-authored the proposition, which was approved by 60% of the voters.
Supporters say the previous penalties for these crimes were too harsh and contributed to mass incarceration. Critics of Prop. 47 argue it has contributed to an uptick in crime, particularly retail theft, because people who repeatedly shoplift are charged with misdemeanors not felonies.
Prop. 47 opponents plan to place a measure on the November ballot to roll it back.
Watch how candidates talk about bail reform
In October, the Los Angeles Judicial Council eliminated the requirement that people accused of non-serious, non-violent crimes post cash bail to get out of jail. They are instead issued a citation, ordered to appear in court at a later date and immediately released.
If police or prosecutors believe a person is a risk to the community or a flight risk, they may ask a judge to hold a hearing to determine whether the person should be held in custody until arraignment. Judges may still impose bail or other conditions of release.
The idea behind the new policy is to end the practice of holding people in jail simply because they cannot afford bail. Critics argue it can allow dangerous criminals back on the street.
Watch to see if candidates talk about police accountability
One of the key roles of a district attorney is to determine whether a law enforcement officer’s use of force is legal.
Gascón has charged 15 on-duty officers with crimes in connection with shootings or in-custody deaths – far more than his predecessors. Over the previous two decades, only two officers have been charged. Critics of Gascón say he’s been too quick to charge officers.
Consider candidates’ views on the death penalty
While nobody has been put to death in California since 2006, and Gov. Gavin Newsom has placed a moratorium on capital punishment, a prosecutor’s stance on the issue can be indicative of their approach to criminal justice.
Gascón is the first L.A. prosecutor to prohibit his prosecutors from seeking the death penalty.
Look at how a candidate would handle juvenile prosecutions
Gascón has all but ended the practice of seeking prosecution of juveniles as adults. He points to research that shows juveniles’ brains are not fully developed and therefore they should not be held accountable as an adult.
Critics say juveniles accused of the most serious violent crimes should be tried in adult court and face longer prison sentences.
Ask what kind of experience a candidate has in managing a prosecutor’s office
The L.A. County District attorney’s Office is the largest local prosecutors office in the nation, with nearly 1,000 attorneys and 800 support staff. The Association of Deputy District Attorneys, the union that represents rank and file prosecutors, has been a sharp critic of how Gascón treats his employees.
Consider a candidate’s approach to parole hearings
In a reversal from previous district attorneys, Gascón has ordered his prosecutors to support parole in most cases. Historically, prosecutors have generally opposed parole.
Gascón has also prohibited deputy DA’s from attending Board of Parole hearings. He says for decades, prosecutors have too often argued to keep people locked up based on their original crime. Most of those seeking parole are known as lifers — murderers, rapists and other violent offenders serving open-ended sentences.
“People evolve,” Gascón told LAist.
His critics say the move means victims are not fully represented at parole hearings by prosecutors who can argue that their perpetrators remain behind bars.
What questions or concerns do you have about civics and democracy in Southern California?
Frank Stoltze explores who has power and how they use it at a time when our democratic systems have been under threat.
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