The Importance of DEI in a Prosecutor's Office.

AuthorWright, Nathanael E.
PositionDiversity, equity and inclusion

Diversity, equity and inclusion (DEI) is not a just the new hot topic, it is really an important organizational tool for a well-run office or a business. Studies show that businesses with diverse staff have positive profitable outcomes, and outperform similarly situated companies that lack a commitment to diversity. (1) Though not driven by profits, the public sector can benefit from DEI in the workplace, especially a prosecutor's office.

According to the American Bar Association ("ABA"), the prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants. (2) These duties place a prosecutor's office in a very distinct place in the criminal justice system. A prosecutor must consider varied interests because the decisions have a great impact on all members of society. This role, given its impact on so many competing interests, is ripe for DEI. A prosecutor benefits from having both an individual understanding of unique perspectives, as well as, a team who has the same. In short, the ABA definition requires a prosecutor seek justice, which means different things to different people, hence the need tor DEI.

UNDERSTANDING DEI - THE BREAKDOWN

Diversity is the existence of differences within a particular setting. In a prosecutor's office this can include, but not limited to: physical characteristics such as: race, gender, age, sexual orientation, and socioeconomic class. Though, there are non-physical attributes like thoughts and experiences that are equally as important as the physical. A diverse team of prosecutors increases the chance of collaboration and creative problem solving as it relates to internal and external office policies. The days of prosecuting cases for the sake of prosecution are falling by the wayside, all defendants cannot and should not be treated the same. Prosecutors need to embrace the ever changing demographics in their jurisdictions. Collaboration will lead to innovative case resolution, without losing focus of the duty of the prosecutor, which is to achieve just outcomes. A diverse office creates the opportunity for an environment that welcomes people of all backgrounds, beliefs and experiences, which will lead to an improved criminal justice system and a well-served community.

Diversity is an important first step, but the next is inclusion. Inclusion is the practice of ensuring that employees feel a sense of belonging in the workplace. An inclusive workplace is one where differences are welcomed and there is a feeling of safety where a person can freely express themselves without ridicule or judgement. This can be integral in the prosecution of cases for it allows ideas to be considered and vetted. The feeling of openness will lead to staff empowerment as well as innovative ways to dispose of cases. It should be noted, innovative disposition of cases is not the same as letting the accused run free, but does allow for justice to be served in a non-traditional way. Inclusion gives diversity a place to thrive. Without an inclusive workplace the efforts to obtain a diverse office will be frustrated tor there would be nowhere for the benefits of the diverse workforce to exist.

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