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Crime is on the ballot – and voters are choosing whether prosecutors with reform agendas are the ones who can best bring law, order and justice

A new wave of prosecutors, known as progressives, say that public safety can exist with policies like eliminating cash bail for people charged with low-level…

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New York police respond to a shooting in Brooklyn in April 2021, amid a rise in shootings that year. Michael M. Santiago/Getty Images

Different approaches to justice are on the ballot in November 2022 in some public prosecutor and Congressional elections around the country, revealing a deep divide about how differently Americans feel about crime and its consequences.

Many Republican Congressional and prosecutor candidates are focusing their electoral messages on crime, accusing Democrats of being “dangerously liberal”, amid a seeming rise of crime in some places.

They are also saying that policies backed by Democrats like bail reform threaten public safety. Bail reform allows people who have been charged with a misdemeanor or a nonviolent felony to remain free pending the outcome of their cases, avoiding the scenario where people are held in jail because they are too poor to pay even modest amounts of bail.

The Republican message likely resonates with some voters.

An October 2022 Politico poll showed that voters rank crime as a top area of concern, trailing only the economy and abortion.

Democrats, meanwhile, have responded by supporting gun safety proposals and pointing to House of Representative bills that they supported and passed in September 2022, giving more money to local police departments. In other cases, Democrat candidates have largely avoided the topic of crime altogether, and instead have kept their focus on other key issues like abortion.

Against this backdrop, some local prosecutors running for election are arguing that public safety and new ways of thinking about incarceration can go hand in hand.

As a scholar who writes and teaches about criminal justice and wrongful convictions, I know that top prosecutors have tremendous power when deciding how justice is meted out – what crimes to charge, which people to bring charges against, and how cases are prosecuted.

How they choose to wield that control has significant consequences for poor people, communities of color, victims of crimes and society at large.

A Latino middle aged man wearing a blue suit stands in a modern looking room, with big glass windows, and looks to his left, with his hands in his pockets.
Jose Garza, district attorney of Travis County, Texas, is one of the progressive prosecutors elected in recent years. Spencer Selvidge for The Washington Post via Getty Images

A new way of thinking about justice

Public prosecutors are government officials who are tasked with investigating and prosecuting crimes. They operate at different levels of government, ranging from state attorneys general – the highest law enforcement officer in state government – to county attorneys.

Prosecutors have traditionally positioned themselves as tough on crime, and measure their success by the number and severity of convictions they oversee.

But after the Black Lives Matter movement intensified around 2016, nontraditional candidates, sometimes called progressive prosecutors, began running in local elections – and winning office. This followed growing public awareness about law enforcement’s treatment of people of color, and their disproportionate representation in prisons.

There are roughly 1,200 public prosecutor races on the ballot in November 2022, including 30 state races for attorney general.

Only 20 or so contested races now involve prosecutors with notable reform agendas – though other reform-oriented local prosecutors were elected earlier in 2022 and still others are not up for reelection this term.

Many of these change-oriented prosecutors say they want to incarcerate fewer people.

Many of them have also pledged not to prosecute low-level misdemeanor offenses, like drug possession or trespassing. These kinds of charges disproportionately, and often unnecessarily, affect people of color and the poor, resulting in lasting criminal records.

These prosecutors believe they can change the system from within, improving the overall fairness of the United States’ criminal legal system, while keeping the community safe.

Counties and local districts in Republican-leaning states like Texas, Kansas and Virginia all elected reform-minded prosecutors over the last few years. In the last decade, voters in major cities like Chicago and Philadelphia also elected prosecutors with new visions for justice.

A white door says 'Ring bell for bail bonds,' in red font.
A sign in Los Angeles advertises bail bonds in 2019, when California became the first state to abolish bail in most cases for suspects who cannot afford it and are awaiting trial. Mario Tama/Getty Images

An uneven reception

Aside from not seeking cash bail for most low-level cases, some progressive prosecutors have also stopped prosecuting marijuana possession and most prostitution cases against sex workers.

This new style of prosecutor, however, has also experienced backlash at the polls. Critics argue that progressive prosecutors are bad for public safety, suggesting that rises in crime since the pandemic are partially because of their reform policies.

But a 2021 study found “no significant effects of these reforms on local crime rates.”

One of the authors of that study argues that refusing to prosecute nonviolent misdemeanor offenses may actually reduce crime. Not prosecuting certain crimes can help people avoid a criminal record, which, in turn, can help them find stable housing and work.

Another October 2022 study found found no connection between progressive crime policies and increased homicide rates, either during the pandemic or before 2022.

Yet, despite the complexity of crime data, attacks on reformist prosecutors have gained momentum.

Chesa Boudin, a former public defender who was first elected San Francisco’s top prosecutor in 2020,, lost his position in a 2022 recall election amid criticism that his policies led to a spike in crime.

In July 2022, Marilyn Mosby lost her bid to retain her Baltimore prosecutor post in the Maryland Democratic primary. And Manhattan District Attorney Alvin Bragg continues to face criticism because of his support for bail reform in New York, where he led the effort that banned cash bail in most cases in 2019.

These prosecutors have been accused of releasing alleged criminal offenders from jail before a trial – who then go on to commit new crimes.

Yet, while there are people who committed crimes after being released from pretrial detention, research shows that, in practice, reducing the use of cash bail has little to no effect on the percentage of people rearrested for criminal behavior.

Common ground

Research also shows that people of both major political parties are concerned about wrongful convictions, which are estimated to constitute about 4% of all convictions.

I believe change-oriented prosecutors make a difference in wrongful conviction cases. There are approximately 2,300 prosecutor offices in the country, and only around 100 Conviction Integrity Units specifically devoted to re-investigating cases for potential errors.

Yet, nearly one out of three exonerations between 2015 and 2022 were obtained with the help of a Conviction Integrity Unit. In these cases, prosecutors looked retrospectively at convictions their offices had obtained and then worked to reverse false convictions.

The effectiveness of these special units varies dramatically, often reflecting the head prosecutor’s commitment to righting past wrongs.

When a prosecutor is willing to say that they made a mistake, that’s one step toward creating a more fair and legitimate system for all.

It also helps to free the innocent.

Recently, Adnan Syed, subject of the popular Serial podcast, was freed after decades in prison for a 1999 murder of his ex-girlfriend that prosecutors now say he did not commit. A reform-minded prosecutor in Baltimore County helped lead a new investigation that found a lack of DNA evidence pinning Syed to the murder, leading to his release.

A woman in a blue pant suit and white shirt stands at a podium outside, facing a row of microphones at what appears to be a press conference.
Erica Suter, director of the Innocence Project and Adnan Syed’s attorney, speaks on Sept. 19, 2022, when Syed’s murder conviction was overturned. Charlotte Plantive/AFP via Getty Images

Different ways forward

Crime has been an effective platform for Republican candidates in the past, and they have placed it front and center in the final weeks leading up to the midterm elections in 2022. While many Democratic district attorneys and attorneys general take a more traditional approach to crime in their election campaigns, others promise a new approach to crime and justice.

Voters across the country are being presented with different visions of how to maintain public safety. Contested prosecutor elections are a referendum on those competing visions of justice.

Jessica S. Henry does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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February Employment Situation

By Paul Gomme and Peter Rupert The establishment data from the BLS showed a 275,000 increase in payroll employment for February, outpacing the 230,000…

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By Paul Gomme and Peter Rupert

The establishment data from the BLS showed a 275,000 increase in payroll employment for February, outpacing the 230,000 average over the previous 12 months. The payroll data for January and December were revised down by a total of 167,000. The private sector added 223,000 new jobs, the largest gain since May of last year.

Temporary help services employment continues a steep decline after a sharp post-pandemic rise.

Average hours of work increased from 34.2 to 34.3. The increase, along with the 223,000 private employment increase led to a hefty increase in total hours of 5.6% at an annualized rate, also the largest increase since May of last year.

The establishment report, once again, beat “expectations;” the WSJ survey of economists was 198,000. Other than the downward revisions, mentioned above, another bit of negative news was a smallish increase in wage growth, from $34.52 to $34.57.

The household survey shows that the labor force increased 150,000, a drop in employment of 184,000 and an increase in the number of unemployed persons of 334,000. The labor force participation rate held steady at 62.5, the employment to population ratio decreased from 60.2 to 60.1 and the unemployment rate increased from 3.66 to 3.86. Remember that the unemployment rate is the number of unemployed relative to the labor force (the number employed plus the number unemployed). Consequently, the unemployment rate can go up if the number of unemployed rises holding fixed the labor force, or if the labor force shrinks holding the number unemployed unchanged. An increase in the unemployment rate is not necessarily a bad thing: it may reflect a strong labor market drawing “marginally attached” individuals from outside the labor force. Indeed, there was a 96,000 decline in those workers.

Earlier in the week, the BLS announced JOLTS (Job Openings and Labor Turnover Survey) data for January. There isn’t much to report here as the job openings changed little at 8.9 million, the number of hires and total separations were little changed at 5.7 million and 5.3 million, respectively.

As has been the case for the last couple of years, the number of job openings remains higher than the number of unemployed persons.

Also earlier in the week the BLS announced that productivity increased 3.2% in the 4th quarter with output rising 3.5% and hours of work rising 0.3%.

The bottom line is that the labor market continues its surprisingly (to some) strong performance, once again proving stronger than many had expected. This strength makes it difficult to justify any interest rate cuts soon, particularly given the recent inflation spike.

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Mortgage rates fall as labor market normalizes

Jobless claims show an expanding economy. We will only be in a recession once jobless claims exceed 323,000 on a four-week moving average.

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Everyone was waiting to see if this week’s jobs report would send mortgage rates higher, which is what happened last month. Instead, the 10-year yield had a muted response after the headline number beat estimates, but we have negative job revisions from previous months. The Federal Reserve’s fear of wage growth spiraling out of control hasn’t materialized for over two years now and the unemployment rate ticked up to 3.9%. For now, we can say the labor market isn’t tight anymore, but it’s also not breaking.

The key labor data line in this expansion is the weekly jobless claims report. Jobless claims show an expanding economy that has not lost jobs yet. We will only be in a recession once jobless claims exceed 323,000 on a four-week moving average.

From the Fed: In the week ended March 2, initial claims for unemployment insurance benefits were flat, at 217,000. The four-week moving average declined slightly by 750, to 212,250


Below is an explanation of how we got here with the labor market, which all started during COVID-19.

1. I wrote the COVID-19 recovery model on April 7, 2020, and retired it on Dec. 9, 2020. By that time, the upfront recovery phase was done, and I needed to model out when we would get the jobs lost back.

2. Early in the labor market recovery, when we saw weaker job reports, I doubled and tripled down on my assertion that job openings would get to 10 million in this recovery. Job openings rose as high as to 12 million and are currently over 9 million. Even with the massive miss on a job report in May 2021, I didn’t waver.

Currently, the jobs openings, quit percentage and hires data are below pre-COVID-19 levels, which means the labor market isn’t as tight as it once was, and this is why the employment cost index has been slowing data to move along the quits percentage.  

2-US_Job_Quits_Rate-1-2

3. I wrote that we should get back all the jobs lost to COVID-19 by September of 2022. At the time this would be a speedy labor market recovery, and it happened on schedule, too

Total employment data

4. This is the key one for right now: If COVID-19 hadn’t happened, we would have between 157 million and 159 million jobs today, which would have been in line with the job growth rate in February 2020. Today, we are at 157,808,000. This is important because job growth should be cooling down now. We are more in line with where the labor market should be when averaging 140K-165K monthly. So for now, the fact that we aren’t trending between 140K-165K means we still have a bit more recovery kick left before we get down to those levels. 




From BLS: Total nonfarm payroll employment rose by 275,000 in February, and the unemployment rate increased to 3.9 percent, the U.S. Bureau of Labor Statistics reported today. Job gains occurred in health care, in government, in food services and drinking places, in social assistance, and in transportation and warehousing.

Here are the jobs that were created and lost in the previous month:

IMG_5092

In this jobs report, the unemployment rate for education levels looks like this:

  • Less than a high school diploma: 6.1%
  • High school graduate and no college: 4.2%
  • Some college or associate degree: 3.1%
  • Bachelor’s degree or higher: 2.2%
IMG_5093_320f22

Today’s report has continued the trend of the labor data beating my expectations, only because I am looking for the jobs data to slow down to a level of 140K-165K, which hasn’t happened yet. I wouldn’t categorize the labor market as being tight anymore because of the quits ratio and the hires data in the job openings report. This also shows itself in the employment cost index as well. These are key data lines for the Fed and the reason we are going to see three rate cuts this year.

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Inside The Most Ridiculous Jobs Report In History: Record 1.2 Million Immigrant Jobs Added In One Month

Inside The Most Ridiculous Jobs Report In History: Record 1.2 Million Immigrant Jobs Added In One Month

Last month we though that the January…

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Inside The Most Ridiculous Jobs Report In History: Record 1.2 Million Immigrant Jobs Added In One Month

Last month we though that the January jobs report was the "most ridiculous in recent history" but, boy, were we wrong because this morning the Biden department of goalseeked propaganda (aka BLS) published the February jobs report, and holy crap was that something else. Even Goebbels would blush. 

What happened? Let's take a closer look.

On the surface, it was (almost) another blockbuster jobs report, certainly one which nobody expected, or rather just one bank out of 76 expected. Starting at the top, the BLS reported that in February the US unexpectedly added 275K jobs, with just one research analyst (from Dai-Ichi Research) expecting a higher number.

Some context: after last month's record 4-sigma beat, today's print was "only" 3 sigma higher than estimates. Needless to say, two multiple sigma beats in a row used to only happen in the USSR... and now in the US, apparently.

Before we go any further, a quick note on what last month we said was "the most ridiculous jobs report in recent history": it appears the BLS read our comments and decided to stop beclowing itself. It did that by slashing last month's ridiculous print by over a third, and revising what was originally reported as a massive 353K beat to just 229K,  a 124K revision, which was the biggest one-month negative revision in two years!

Of course, that does not mean that this month's jobs print won't be revised lower: it will be, and not just that month but every other month until the November election because that's the only tool left in the Biden admin's box: pretend the economic and jobs are strong, then revise them sharply lower the next month, something we pointed out first last summer and which has not failed to disappoint once.

To be fair, not every aspect of the jobs report was stellar (after all, the BLS had to give it some vague credibility). Take the unemployment rate, after flatlining between 3.4% and 3.8% for two years - and thus denying expectations from Sahm's Rule that a recession may have already started - in February the unemployment rate unexpectedly jumped to 3.9%, the highest since February 2022 (with Black unemployment spiking by 0.3% to 5.6%, an indicator which the Biden admin will quickly slam as widespread economic racism or something).

And then there were average hourly earnings, which after surging 0.6% MoM in January (since revised to 0.5%) and spooking markets that wage growth is so hot, the Fed will have no choice but to delay cuts, in February the number tumbled to just 0.1%, the lowest in two years...

... for one simple reason: last month's average wage surge had nothing to do with actual wages, and everything to do with the BLS estimate of hours worked (which is the denominator in the average wage calculation) which last month tumbled to just 34.1 (we were led to believe) the lowest since the covid pandemic...

... but has since been revised higher while the February print rose even more, to 34.3, hence why the latest average wage data was once again a product not of wages going up, but of how long Americans worked in any weekly period, in this case higher from 34.1 to 34.3, an increase which has a major impact on the average calculation.

While the above data points were examples of some latent weakness in the latest report, perhaps meant to give it a sheen of veracity, it was everything else in the report that was a problem starting with the BLS's latest choice of seasonal adjustments (after last month's wholesale revision), which have gone from merely laughable to full clownshow, as the following comparison between the monthly change in BLS and ADP payrolls shows. The trend is clear: the Biden admin numbers are now clearly rising even as the impartial ADP (which directly logs employment numbers at the company level and is far more accurate), shows an accelerating slowdown.

But it's more than just the Biden admin hanging its "success" on seasonal adjustments: when one digs deeper inside the jobs report, all sorts of ugly things emerge... such as the growing unprecedented divergence between the Establishment (payrolls) survey and much more accurate Household (actual employment) survey. To wit, while in January the BLS claims 275K payrolls were added, the Household survey found that the number of actually employed workers dropped for the third straight month (and 4 in the past 5), this time by 184K (from 161.152K to 160.968K).

This means that while the Payrolls series hits new all time highs every month since December 2020 (when according to the BLS the US had its last month of payrolls losses), the level of Employment has not budged in the past year. Worse, as shown in the chart below, such a gaping divergence has opened between the two series in the past 4 years, that the number of Employed workers would need to soar by 9 million (!) to catch up to what Payrolls claims is the employment situation.

There's more: shifting from a quantitative to a qualitative assessment, reveals just how ugly the composition of "new jobs" has been. Consider this: the BLS reports that in February 2024, the US had 132.9 million full-time jobs and 27.9 million part-time jobs. Well, that's great... until you look back one year and find that in February 2023 the US had 133.2 million full-time jobs, or more than it does one year later! And yes, all the job growth since then has been in part-time jobs, which have increased by 921K since February 2023 (from 27.020 million to 27.941 million).

Here is a summary of the labor composition in the past year: all the new jobs have been part-time jobs!

But wait there's even more, because now that the primary season is over and we enter the heart of election season and political talking points will be thrown around left and right, especially in the context of the immigration crisis created intentionally by the Biden administration which is hoping to import millions of new Democratic voters (maybe the US can hold the presidential election in Honduras or Guatemala, after all it is their citizens that will be illegally casting the key votes in November), what we find is that in February, the number of native-born workers tumbled again, sliding by a massive 560K to just 129.807 million. Add to this the December data, and we get a near-record 2.4 million plunge in native-born workers in just the past 3 months (only the covid crash was worse)!

The offset? A record 1.2 million foreign-born (read immigrants, both legal and illegal but mostly illegal) workers added in February!

Said otherwise, not only has all job creation in the past 6 years has been exclusively for foreign-born workers...

Source: St Louis Fed FRED Native Born and Foreign Born

... but there has been zero job-creation for native born workers since June 2018!

This is a huge issue - especially at a time of an illegal alien flood at the southwest border...

... and is about to become a huge political scandal, because once the inevitable recession finally hits, there will be millions of furious unemployed Americans demanding a more accurate explanation for what happened - i.e., the illegal immigration floodgates that were opened by the Biden admin.

Which is also why Biden's handlers will do everything in their power to insure there is no official recession before November... and why after the election is over, all economic hell will finally break loose. Until then, however, expect the jobs numbers to get even more ridiculous.

Tyler Durden Fri, 03/08/2024 - 13:30

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