‘Prosecution with compassion’: A new approach to justice?

As someone who has closely observed the workings of the criminal justice system, I’ve come to realise that prosecutors often bear a significant weight of responsibility in determining the direction of justice.

Traditionally, prosecutors have been seen as enforcers of the law, focused on securing convictions and ensuring that justice is served through punishment. However, I believe that the current system needs a shift towards a more compassionate approach – what I like to call “prosecution with compassion”.

This approach does not only focus on punishment but also acknowledges the humanity of all those involved, including the victims, defendants, and society at large. It calls for balancing accountability with opportunities for healing, rehabilitation, and restoration.

The traditional role of prosecutors

In the traditional criminal justice system, prosecutors represent the state and are expected to prove that a defendant has committed a crime. This typically leads to a focus on securing a conviction and imposing harsh penalties.

Long sentences and high bail amounts often dominate the conversation, as they are seen as measures that uphold public order. But I’ve come to understand that this focus on punishment often overlooks the complexities of criminal behaviour, such as the influence of mental illness, addiction, trauma, unpremeditated events, or poverty.

The legal system can sometimes fail to address these deeper issues, leaving little room for rehabilitation.

Shifting towards compassionate prosecution

Prosecution with compassion promotes a broader view of justice that considers both the victim’s and the defendant’s circumstances. It doesn’t excuse criminal behaviour but encourages empathy by addressing underlying factors like poverty, mental health, or trauma.

This approach focuses on rehabilitation, restorative justice, and healing, rather than just punishment.

Reconsidering bail decisions

Compassionate prosecution can significantly impact how bail is handled. Traditionally, bail is set to ensure court attendance and public safety, often resulting in excessively high amounts for low-income defendants. This disproportionately affects marginalised communities.

Prosecutors should not automatically oppose bail or seek high amounts. Instead, they should approach each case thoughtfully, considering factors such as the defendant’s ties to the community, family, employment, and the nature of the crime.

For example, first-time offenders or those charged with non-violent crimes may not need high bail, and vulnerable individuals could benefit from alternatives like house arrest. This approach promotes a fairer system by avoiding unnecessary pre-trial detention.

The role of defence counsel

Compassionate prosecution involves engaging with defence counsel to consider their clients’ perspectives, which can save time, reduce costs, and lead to fairer outcomes. In some cases, matters can be resolved through representations that avoid imprisonment, especially for first-time or non-violent offences. This is particularly important for:

By working together, prosecutors and defence counsel can find creative solutions that address the root causes of crime and lead to better outcomes for all involved.

Key components of prosecution with compassion

From my perspective, the key components of prosecution with compassion are clear:

Root cause analysis: Understanding what led to the crime – whether it’s addiction, mental health struggles, or socio-economic disadvantage – allows prosecutors to advocate for interventions that address the root issues, rather than relying solely on punishment.Restorative justice: This approach focuses on repairing harm caused by the crime. It brings together the victim, defendant, and community in a healing process that encourages accountability and empathy.Diversion and rehabilitation: Rather than defaulting to prison sentences, compassionate prosecutors can recommend programmes like counselling, education, or community service, which are often more appropriate for individuals who don’t pose a serious threat to public safety.Mitigation in sentencing: When sentencing is necessary, compassionate prosecutors should consider alternatives to incarceration – such as probation, community service, or treatment programmes – especially for non-violent offenders or those dealing with mental health or addiction issues.Empathy and fairness: Above all, prosecution with compassion is grounded in treating everyone with dignity and respect. Justice should be about fairness, not revenge.

From my perspective, the benefits of prosecution with compassion are far-reaching. First, it leads to a reduction in recidivism. By addressing the root causes of criminal behaviour and providing support, we can reduce the likelihood that offenders will reoffend.

Secondly, it offers restoration for victims. Restorative justice allows victims to have a voice in the process, giving them closure and an opportunity to heal. Third, it results in cost savings. With a focus on rehabilitation and diversion, the criminal justice system can save money by reducing reliance on incarceration.

Finally, compassionate prosecution contributes to a more just system. It can help address systemic issues such as racial inequality, poverty, and mental health care deficiencies, fostering a more equitable system for all.

A more humane system

In my view, prosecution with compassion offers a more humane, balanced approach to justice. It challenges the traditional model that focuses solely on punishment and instead emphasises accountability, rehabilitation, and empathy.

By considering alternatives to bail, embracing the perspectives of defence counsel, and focusing on restorative justice and rehabilitation, we can create a criminal justice system that is fairer, more effective, and ultimately more compassionate for everyone involved.