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May 04, 2022 From the Chair

From the Chair

Wayne S. McKenzie

In my last column, I discussed the vital, if not essential, role the prosecutor must play in the fight to enhance fairness, racial equality, and justice in the criminal legal system. My many years as a prosecutor, my work in system reform, and my life experiences have all contributed to my appreciation of prosecutorial discretion and decisionmaking. These experiences have also informed my knowledge of the roles other system actors play and their contributions to racial bias and overincarceration in the criminal legal system. The defense bar, the judiciary, corrections, parole, and probation all play their parts.

Institutional and structural racism, as well as explicit and implicit biases, are equal opportunity influencers. This is true not only of the criminal legal system but of all the fundamental systems we, as human beings, rely on for safety, wellbeing, and justice. The inequalities and inequities of the health, education, and economic opportunity are rivers that flow into and feed the oceans of racial disparity and overincarceration. And it is within these systems that true reform must take hold if we are to transform the criminal system.

It is with this caveat in mind that I want to share and uplift some of the excellent work the Criminal Justice Section has undertaken the last several years and to make a plea for you to join CJS and become an active participant in the voice and work of the Section.

CJS commenced its efforts to address the negative and disparate effects of implicit bias several years ago with the development of an implicit bias training curriculum for system stakeholders. Under the stewardship of Professor Sarah Redfield and Judge Bernice Donald, the work has continued and been amplified. The Section published a book, Enhancing Justice: Reducing Bias, and the judge and professor have travelled the nation providing education and training on implicit bias.

Under past chair Lucian Dervan, CJS convened its Women in Criminal Justice Task Force. Co-chaired by Carla Laroche and Tina Luongo, the task force focuses on the challenges facing women in the criminal legal system and the unfortunate trend of women leaving the profession. The task force began with listening tours around the country and is now moving toward solutions and recommendations work.

The Section will award the inaugural Kevin Curtin Diversity Fellowship soon, the goal of which is to engage new members of diverse background to the ABA and CJS. The fellowship is named in honor of Kevin, a prosecutor in the Middlesex County District Attorney’s Office who departed this life in 2020 and who committed his professional life to law and advocacy, serving locally, nationally, and internationally. More importantly, he was a mentor and friend to all, especially to young people enthusiastic about the law as service to the community.

These are but a few examples of the extensive, intentional, and committed work of CJS. At a time when the world, our nation, and our profession was changed by a pandemic, besieged by the outcry and demand for equal justice for black and brown human beings, and defined by divisive politics, words, and deeds instead of our collective consciences and humanity, the Criminal Justice Section continues in its mission to gather together the diverse voices of judges, academics, the defense bar, prosecutors, other criminal justice professionals, and those impacted by the criminal legal system. CJS continues to work to promote diversity, equity, inclusion, and human justice. And while there is a long road to travel, we strive to continue the journey together. Let us continue to be influenced by a quote, oft attributed to the Rev. Dr. Martin Luther King, Jr.: “Look at the facts of the world. You see a continual and progressive triumph of the right. I do not pretend to understand the moral universe, the arc is a long one, my eye reaches but little ways. I cannot calculate the curve and complete the figure by the experience of sight; I can divine it by conscience. But from what I see I am sure it bends towards justice.”

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Wayne S. McKenzie

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Wayne S. McKenzie is General Counsel for the NYC Department of Probation and Chair of the Criminal Justice Section for 2021–22.