Felony prosecutions skyrocket to a 14-year high

By Tamara Barack Apartion, The San Francisco Examiner
June 3, 2009

SAN FRANCISCO— Nearly three-quarters of those charged with felonies in The City last year were found guilty — San Francisco’s highest conviction rate in 14 years.

The rise in convictions for felonies — which include theft of more than $400 and murder — is the result of hard work during the past six years, according to District Attorney Kamala Harris.

“I think what we’re seeing now is the rewards of the groundwork we laid in the beginning, with more training programs in the office, making decisions based on merit and professionalism, and bringing resources and structure to the office,” said Harris, who is also running for state attorney general.

Harris, who is in her sixth year in office, has increased the conviction rate for felonies 20 percent from that of her predecessor, Terrence Hallinan.

The number of cases brought by police that result in prosecutions has also risen to 67 percent, the highest since 2001, according to California Department of Justice statistics.

Much of the improvement can be attributed to a focus on violent crime and its frequent catalyst, drug and gun violations, Harris said.

“There was some misperception that narcotics crime is victimless crime,” she said. “But if you talk to the people who live in the neighborhoods affected by it, they’ll tell you differently.”

Harris also points to state Justice Department statistics that nearly twice as many people were sentenced in 2008 to prison when compared to 2003.

However, statistics can be misleading, Public Defender Jeff Adachi said. For the past two years, the justice system has been dealing with a record number of homicide suspects since The City’s murder rate has hovered around a 10-year high.

“We’re dealing with much heavier cases now, so that’s going to increase the number of people going to state prison,” Adachi said.

He also pointed out that while convictions have risen, so have acquittals, though only a small percentage of prosecutions make it to jury trial.

Supervisor Ross Mirkarimi, who sits on the board’s Public Safety Committee, commended the District Attorney’s Office for improving its standards, but pointed out that attaining a successful conviction rate sometimes means choosing to drop charges in more complicated or lower-profile cases.

“There has to be some analysis on methodology on the cases they decide to prosecute compared to those not charged,” Mirkarimi said. “Many of the cases not charged represent a substantial number that are dismissed from the statistic.”

Harris agreed that there is still work to be done. And it will be tougher, she said, due to budget cuts. Since 2007, her office has lost 43 positions to budget cuts, including 14 attorney positions.

“We’ve done a good job, but there’s always room for improvement. I’d be the first to say that,” Harris said. “Honestly, I’d like to improve the attorney case ratio. My misdemeanor lawyers are handling 400 cases each.”

tbarak@sfexaminer.com

Prison sentences

Conviction rate for S.F. felonies:

2004: 50.3 percent

2005: 53.2 percent

2006: 65.5 percent

2007: 69.9 percent

2008: 70.7 percent

Source: California Department of Justice

Posted: June 3, 2009

Source: sfexaminer.com