HCBA Lawyer Magazine Vol. 28, No. 6 | Page 12

F R O M T H E S T A T E A T T O R N E Y An d re w H. Wa r re n - St at e At t o r n ey fo r t h e T h i r t e e n t h Ju d i c i a l Ci rc u i t embracing data to improve Criminal Justice e’ve all heard the dispiriting adage about “lies, damn lies, and statistics.” That century-old quote sounds antiquated in today’s era of big data, where number- crunching supercomputers process incomprehensible amounts of information to improve decision-making and outcomes in almost every arena and industry. Unfortunately, our criminal justice system has largely managed to avoid the data revolution … until now. This past session, the Florida Legislature passed a data collection bill that aims to bring Florida’s criminal justice system into the 21st century. The sad reality is that there is a tremendous lack of criminal justice data at the national, state, and local levels. Federal and state governments have collected certain data for years, but they have largely been limited to crime rates and offense types. Starting July 1, 2018, Florida’s data collection will be far more nuanced, making our state a national leader through this ambitious transparency endeavor. The new law requires criminal justice stakeholders — State Attorneys, Public Defenders, Clerks of Court, and the Department of Corrections — to collect specific data, report it to the Florida Department of Law Enforcement, and publish it online in a searchable format for any and all to see. The data sought is comprehensive: approximately 100 pieces of information covering, among other things, the defendant, charges, bail, plea, and sentencing. The idea to collect this information is not revolutionary, but implementing the idea is. The Legislature’s recent embrace of data mirrors the data-driven solutions we have pursued since the beginning of my administration in the State Attorney’s Office. Of course, data-driven solutions require data. Last year, we partnered with Measures for Justice, a national organization whose goal is to collect and publish prosecutorial data from across the United States, to make sure that Hillsborough County was represented in that 10 W we must examine the data and use it to drive policies that increase public safety, reduce recidivism, and promote fairness. research. (In designing its data collection bill, the Legislature also worked with Measures for Justice.) We have also teamed up with the University of South Florida’s Criminology Department to identify implicit bias and other blind spots in how we charge juveniles. Earlier this year, we were selected as one of only four prosecutor’s offices in the nation to participate in a $1.7 million data research project with the MacArthur Foundation and Florida International University to increase effectiveness and fairness in how we prosecute cases. These partnerships are critical in helping us discover, to quote Donald Rumsfeld, the “known unknowns” — the things we know we don’t know — and the “unknown unknowns” — the things we don’t even know we don’t know. Whereas many prosecutors’ offices have historically been reluctant to open their kimono for fear of what others may see, we have taken the opposite approach. We are willing to bare all for inspection — revealing the good, the bad, and the ugly — not only to be completely transparent but also to improve the work we do every day. It has been said, “Ninety-nine percent of statistics only tell 49 percent of the story.” We agree, which is why the robust data collection and analysis that we are building is only half the battle. Ultimately, we must examine the data and use it to drive policies that increase public safety, reduce recidivism, and promote fairness, which will become the most important statistic of all. SUMMER 2018 | HCBA LAWYER