According to Fox News Digital, Reiss bragged about this approach during a Peace Institute event in May 2021, claiming that incarceration does not solve any problems. She recounted how the Manhattan district attorney helped a murderer avoid jail time for killing an individual with very few relatives, calling the outcome extraordinary. "It was an incident between two people that knew each other very well. And it was sort of… a fight that ended up with one person dying and the person who was charged had substance misuse issues and other things. And going through the outcome in the case, it just seemed appropriate for restorative practice rather than a carceral sentence."
Reiss further revealed that her office works with an organization called Common Justice to screen cases involving violent criminals in adult courts for referrals away from incarceration. The office also runs a gun diversion program with a restorative component for criminals caught illegally possessing firearms.
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The program aims to foster racial equity without relying on incarceration. Reiss founded the Institute for Innovation on Prosecution to bring about racial equity reforms rooted in critical race theory ideology, which the institute believes in an ideologically driven approach to prosecution that takes into account historical factors.
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While Reiss is a respected attorney who evaluates cases based on the facts and the law, her approach has come under scrutiny for not prioritizing victims' rights and failing to deter crime. The Manhattan district attorney's office has not responded to questions about whether it is their general policy to divert Class E felons and violent criminals from the criminal justice system.
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