The Blueprint: A Conversation with Christian Wise Smith, Esq.
By Santura Pegram
(SP) – Tell people a little about Christian Wise Smith…who you are, how it all began, and what you’ve accomplished so far in life?
(CWS) – I was born and raised in the justice system. I saw my mother get arrested several times before she lost custody of me. My Uncle Steve was sentenced to life in prison for murder. I witnessed my grandmother stripped down to her underwear and handcuffed. Ultimately, my family and I experienced several traumatic encounters with law enforcement and the justice system during my childhood. Determined to break the negative cycles of my upbringing, I was able to turn my pain and tragedy into triumph, becoming the first in my family to graduate from college, ultimately earning my Bachelor’s, Master’s, and Juris Doctor degrees. The horrors experienced during my childhood ultimately led me to devote my career to working with our youth.
(SP) – Realizing that poverty, idle time, a lack of opportunities, and peer-related pressure often entices and influences disadvantaged people of all ages (especially teenagers and young adults) to get caught up in turning to ‘street life’ for survival, how were you able to avoid such desperate measures and traps during your youth, which could have negatively affected you later in life?
(CWS) – Before finishing high school, I saw several family members and friends destroyed by murder, violence, drugs, and other crimes. At 17, I was kicked out of school. Headed down a path leading straight to a jail cell, Officer William Dean Sr., a Black police officer, took an interest in helping me to break free of the low expectations inherent in my situation. Due to his mentoring and support, I learned that I was capable of changing my path.
(SP) – Researchers have proven there is a direct link between socioeconomic disadvantaged individuals and crime. Additionally, there are those who believe that “over 90% of crime in America and around the world takes place due to economic disadvantages and the remaining percentage involves mental illness, social disagreements, and/or other miscellaneous reasons.” If those precipitating factors are true, why have more prosecutors and court systems not taken these seriously and opted to explore better strategies and proven solutions which reinforce teaching positive behavioral change and empowering people – economically, mentally, socially, and otherwise?
(CWS) – I visited the King County Prosecutor’s Office in Seattle, Washington in 2018 to study a program they created called ‘LEAD’ (Law Enforcement Assisted Diversion). Instead of booking people into jail for criminal activity that stems from poverty or behavioral health needs, officers instead take people to case managers who provide crisis response, immediate psychosocial assessment, and long-term wrap-around services that include substance, disorder treatment and housing. By the time I visited the program, they’d already had hundreds of success stories where people completely turned their lives around. Instead of being trapped in the system of recidivism, they now had jobs, housing, and lived productive lives. The program has also significantly improved their community overall. Once people are off of the streets and working, employment rates and property values increase. They’ve proven that this kind of justice system can work.
Unfortunately, most prosecutors and court systems have not opted to explore better options to help people break free from the system because of money. In 1865, we saw southern states enact Black Codes to ensure that newly freed Black Americans could be sentenced to labor for crimes such as vagrancy or “poor living conditions” after slavery was abolished. Today, many states use prisoners to manufacture license plates and other products. The prison industry is a multi-billion-dollar system. Think about bail bonding companies, probation services, and corrections officers just to name a few. Most elected prosecutors are financially supported by people who benefit from the prison industry. We need to see more prosecutors elected like Larry Krasner, Rachael Rollins, Aramis Ayala, and Deborah Gonzalez, and consider the advice of experts like Dr. Brandon Mathews and Adam Foss to see significant changes in our system that will ultimately help people break free from the system and live better lives.
(SP) – Police departments across the country have long been the primary instigator of public backlash for abusive tactics by law enforcement officers, especially acts committed against minority individuals. However, most often, prosecutors and court systems throughout America have played an equal or far more destructive role by primarily pushing for greater numbers of convictions or guilty pleas, versus considering life-improving alternatives and opportunities to dismiss cases that reveal little or no evidence to warrant prosecution. How do we get more prosecutors and judges to understand the role(s) they play in shaping or destroying communities, and make better decisions in pursuing restorative justice?
(CWS) – Our justice system has been driven by a “conviction by any means necessary” approach for several decades. This approach is cruel, costly, and counter-productive. It has created a hamster wheel cycle of incarceration that has especially destroyed the Black community, communities of color, and low-income people. This approach has destroyed lives, over-crowded jails and prisons, and has done nothing to keep us safer. The way we get more prosecutors and judges to understand the roles they play in the system is by no longer voting for prosecutors and judges who aren’t willing to change things. Voters have to be more vocal about the kind of people they want leading our local justice systems.
(SP) – A growing number of professionals in the areas of law and government are beginning to embrace the ideas of “criminal justice & prosecutorial reform visionaries” such as: Larry Krasner of Philadelphia; Rachael Rollins of Suffolk County, Massachusetts; Diana Becton of Contra Costa County, California; Jonathan Rapping of Atlanta, Georgia; Professor Jody D. Armour from the USC School of Law, and Judge Bruce Morrow of Michigan. Could you share your thoughts on some of the unique concepts any of them have implemented and how you might contribute to such growing trends?
(CWS) – I respect and appreciate those folks and everyone else who is willing to acknowledge the significant issues within our justice system and do something about it. Larry Krasner made headlines when he fired 31 staff members (which included trial attorneys, supervisor-level staff, and assistant prosecutors) on his fourth day in office to honor his promise to change the culture of the Philadelphia District Attorney’s Office. He promised to never seek the death penalty, end cash bail, and end the mass incarceration model that has plagued the justice system for entirely too long. He was recently re-elected for a second term, which makes me hopeful that more and more voters across the country will become more aware of what he and other progressives are doing and start to vote more likeminded candidates into other local offices.
(SP)– Throughout the United States, there are legal professionals and legislators who would argue that “debtor’s prisons, exploitive labor arrangements, and/or Peonage laws” no longer exist. However, if that were true, overzealous tactics such as charging parents (typically fathers or men identified as one) with a criminal offense instead of a civil one for nonpayment of child support; suspending the driver’s licenses of a parent who is unable or unwilling to pay support; branding them with unnecessary employment-dismissive criminal records; placing them on probation, and even incarcerating such people (most often only fathers) who are unable to pay a biased, expected amount to the child(ren)’s other parent (typically a mother) has been nothing short of a fruitless abuse of law practice and a gross waste of time and public resources. Fathers who find themselves in these circumstances refuse to speak out on this touchy subject for fear of being scrutinized further or mislabeled as a Deadbeat Dad as opposed to properly being recognized as a Dead Broke Dad. A 2019-2020 study in Baltimore which is often ignored, revealed an eye-opening perspective about how this “system” has continued to do more harm than good in many instances. What are your thoughts on better ways to move away from the criminalization of child support delinquency, which adversely impacts a family’s dynamics through increased poverty and the destabilizing of (father) parent-child relationships?
(CWS) – I haven’t encountered any child support cases during my legal career thus far, but I do believe that things can improve significantly to ensure that policies aren’t counterproductive. For example, suspending someone’s driver’s license and incarcerating them because of nonpayment makes it harder for that person to maintain employment. I guarantee you that nobody is using the same cell phone they used 10 years ago, but our court systems are operating the same way they did several decades ago. Technology always evolves and we adapt to it. Unfortunately, big systems that play vital roles in our everyday lives like the justice system, the education system, and the child support system don’t evolve and improve. If we valued improving these systems as much as we value advancing technology, our country would be in much better shape. The Baltimore Sun article you’re referring to (At what cost? For Baltimore’s poorest families, the child support system exacts a heavy price — and it’s hurting whole communities – Baltimore Sun) was published in March of 2020. It reveals how counterproductive the current child support system is in Maryland, and I think that article paints a pretty good picture of how bad things truly are across the country.
(SP) – In your opinion, what would/should the ideal “prosecutor’s office-court system” look like in terms of methodologies, operations, and intended outcomes?
(CWS) – Just as our culture changes and moves forward, our justice system must use innovative and commonsense solutions that respond to the issues we face today. We must rewrite history and create a paradigm shift in the justice system to value people over conviction rates. We can accomplish this if prosecutors prioritize resources on serious and violent crimes and end the revolving door model of mass incarceration by no longer using jails as ineffective and inhumane mental health treatment facilities, homeless shelters, and drug rehab centers. Diversion programs should be implemented for low-level non-violent crimes with paths to employment and educational opportunities. Prosecutors should right the wrongs of the failed war on drugs that disproportionately ruined Black and minority communities by no longer prosecuting possession of marijuana. Prior marijuana possession convictions not attached to violent crime or drug sales should be pardoned to help several people across the country obtain employment and housing opportunities.
Prosecutors should hold police officers accountable for any misconduct or abuse. Prosecutors should never take campaign money from police unions to maintain total independence and eliminate any conflicts of interest when it comes to prosecuting police. Cash bail should be eliminated because it keeps poor people detained simply because they can’t afford bail, putting them at risk of losing employment and/or housing, which eventually leads to re-offending. Every local justice system should have a Military Veteran’s court unit to get our brave men and women who suffer from psychological or substance abuse issues the proper tools they need to be productive citizens after encountering the system. Prosecutors should be transparent and accountable. Prosecutors should also partner with public school systems to do more to divert the school to prison pipeline. These things would get us on track to seeing an ideal justice system where everyone is treated equally.
(SP) – You have accomplished quite a bit in your 38-years. It’s refreshing to note that after deciding at the last minute to run for the highly coveted District Attorney position for Fulton County-Atlanta (the largest county in the state of Georgia), you went on to maximize your skill set by launching the National Social Justice Alliance. What led you to embark upon this endeavor and what do you hope it will achieve?
(CWS) – The NATIONAL SOCIAL JUSTICE ALLIANCE – HOME (nsja.org) was created to bring prosecutors from across the nation together for a common effort to fix the broken American criminal justice system. NSJA believes prosecutors are the answer. Prosecutors are the gatekeepers of our local justice systems, and are responsible for holding everyone, including police officers and other prosecutors, responsible for the acts they commit. The 2020 police killings of George Floyd and Breonna Taylor and the aftermath of protests for equality, justice and calls for police reform highlight the need for prosecutors to step up. Together, the gatekeepers of the system can finally end police brutality and ensure that equality and justice are the standard for everyone.
(SP) – People have been expressing their appreciation for your new children’s book, WISEUP Adventure Series: Chris & Key Go Vote! Tell those who are unfamiliar with it what was your motivation for writing it and what is the intended outcome?
(CWS) – When I ran for District Attorney in 2020, I met so many people who believed their vote didn’t matter. Recognizing this as a byproduct of voter suppression, I wanted to do something to eliminate the negative thinking that people have about whether their vote can make a difference. The answer: our kids, the next generation. By teaching our kids now about the superpower of voting, they’ll grow up knowing their votes will matter one day soon. I also wanted to do more than just tell them about voting, so the book is interactive. Young readers and their parents learn the voting process in a simple way by completing a voter registration card and casting a ballot for their favorite color. Teaching kids and their parents how to vote with an interactive children’s book is a new and direct way to increase future voter participation, fight against voter suppression efforts, and encourage the normalization of a culture of consistent voting in local and national elections.
We also just launched a community outreach program through NSJA called VOTING IS A SUPERPOWER to teach children in public school systems about the voting process. Students will receive a backpack complete with supplies and most importantly a copy of the book. We also provide a pizza party for each school we visit and appreciation gift cards for the teachers and staff. If anyone would like to donate towards helping us reach our mission of teaching millions of kids across the country how to vote, please visit njsa.org and click on any of the donate buttons to make a 100% tax deductible donation.
(SP) – You’re clearly a sound decision-maker. What do you want or plan to be doing when you’re in your 50’s or 60’s?
(CWS) – I pray to be alive, healthy, and still using everything God has blessed me with to help all of us live better lives together.
Santura Pegram (email@example.com) is a freelance writer and socially conscious business consultant who has helped to advise small businesses; nonprofit organizations; city, county, and state governmental committees; elected officials; professional athletes; and school systems.