If you're a protester wanting reforms to champion, if you're an ally seeking greater understanding, if you're a leader who wants specific solutions to move us past the rhetoric, this thread is for you.
📍Fairness
📍Accountability
📍Competency
📍Transparency
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Accountability: of our government agencies to those they serve
Competency: of those hired to mete out justice on our behalf; and
Transparency: sunlight is the best disinfectant.
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🚨PROBLEM 0⃣3⃣ <-- numbered 1 - 99 for ease of reference.
CATEGORY HERE <-- identifies component of criminal justice system reform impacts (i.e. court).
🟥 PROBLEM STATEMENT
🟩 SOLUTION
Ready?
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POLICE
🟥 Lack of Accountability
🟩 Abolish Qualified Immunity which shields police from claims of Constitutional violations.
vox.com/2020/6/9/21284…
and also: npr.org/2020/06/15/876…
POLICE
🟥 Lack of Trust
🟩 Body Worn Cameras reduce complaints of police misconduct and use of force reports, significantly. And all without increasing costs!
👀 more benefits here: ncjrs.gov/pdffiles1/nij/…
POLICE
🟥 Code of Silence; good officers are discouraged from speaking out publicly against bad officers by department policy and peer intimidation.
🟩 Support whistleblowers. Department support of EPIC: Ethical Policing is Courageous. thephiladelphiacitizen.org/ethical-polici…
POLICE
🟥 Infiltration of Law Enforcement by White Supremacists
🟩 Fire officers who associate with white supremacists groups.
see 👀 theguardian.com/us-news/2019/d… and see👀 cpb-us-e1.wpmucdn.com/blogs.uoregon.…
POLICE
🟥 Lack of Diversity in Police Departments
🟩 Instructions on "Creating a Multicultural Law Enforcement Agency: An Intentional Priority" see 👀policechiefmagazine.org/creating-a-mul… and see 👀governing.com/topics/public-…
POLICE
🟥 Police-centric training is non-responsive to community needs and fails to adequately prepare trainees.
🟩 Empower Community-Led Police Training. For a checklist of how to create, see: 👀 reformtransform.org/policy-reforms…
POLICE
🟥 Consent Searches target minority populations disproportionately.
🟩 Prohibit police from basing authority to search a vehicle solely on the officer obtaining the consent of the owner or occupant of the vehicle.
@ACLU See 👀 aclu-md.org/sites/default/…
POLICE
🟥Black people 4.1x more likely than white to be arrested by SDPD for drug possession, despite research showing black and white people use and sell drugs at similar rates.
🟩Solution impose a moratorium on pretext stops. See👀sandiegonaacp.org/2019/12/16/the…
POLICE
🟥 Zero Tolerance policing undermines trust and cooperation between police and citizens in low-income urban communities of color.
🟩 Reject Zero Tolerance policing strategies.
See 👀 rand.org/pubs/tools/TL2…
POLICE
🟥Community partnerships of 90s were supplanted with fear and suspicion post 9-11
🟩Community policing "Police departments would benefit from an increased focus on strategies that promote positive police–public interactions." See👀pnas.org/content/116/40…
POLICE
🟥Leon good faith exception renders mistakes of officers without remedy when warrant approved by a judge and removes incentive of officers to get warrant details right.
🟩Extend remedy of exclusion to mistakes by officers. See👀 digitalcommons.law.yale.edu/cgi/viewconten…
POLICE
🟥 Eliminating the knock and notice requirements and allowing late night service of search warrants poses dangerous risk of death & injury in the execution of the warrant and targets minorities.
🟩 Prohibit No-Knock Warrants. See👀pbs.org/newshour/polit…
POLICE
🟥 "Knock and Talks" tactic dangerous and coercive.
🟩 Prohibit police from basing authority to search a residence solely on the officer obtaining the consent of the owner or occupant. See👀le.alcoda.org/publications/f… and see👀orlandosentinel.com/news/os-xpm-20…
POLICE
🟥 False Confessions reveal police interrogations can psychologically manipulate innocent persons into altered reality.
🟩 Prohibit custodial interrogations without an attorney present and prohibit Reid-style interrogation. See👀 newyorker.com/magazine/2013/…
POLICE: Use of Force
🟥 Failure to employ techniques of de-escalation contributes to fatal police shootings.
🟩 Train officers on techniques of de-escalation and promote their reliance on police use of force continuums. See👀 thecut.com/2016/07/deesca…
POLICE: Use of Force
🟥 Carotid Restraint used too often unnecessarily and improperly and carries high risk of death and injury.
🟩 Ban Carotid Restraints. Most agencies have already done so. This one is a gimme and a no-brainer. See👀cnn.com/2020/06/10/wor…
POLICE: Use of Force
🟥Subjective standards allow for unnecessary police shootings predicated on an officer's honestly-held but mistaken belief.
🟩Train and require police only use deadly force when both reasonable and necessary.
See👀 npr.org/2019/08/19/752…
POLICE: Use of Force
🟥Avoidable risk of death during arrest.
🟩Vastly reduce discretion of police to make custodial arrests requiring citation in lieu of arrest for most non-violent offenses. See👀 bjs.gov/content/pub/pd… and see👀 theiacp.org/sites/default/…
POLICE
🟥 The nature of policing is isolating and trauma-inflicting. Suicide leading cause of all officer deaths.
🟩 Reduce the stigma and disincentives to seeking help and promote early, continuous mental health interventions. See👀abcnews.go.com/Politics/recor…
POLICE
🟥 Testilying. So systemic, cop perjury has it's own term.
🟩 Prosecute and fire police officers who commit perjury, unseal court findings, produce body worn camera evidence and so much more. See👀nytimes.com/2018/03/18/nyr… and see👀voiceofsandiego.org/topics/public-…
POLICE
🟥 Brady's List: prosecutor's private list of bad cops with credibility issues. Subjects officers to harm if no due process.
🟩 No list. After opportunity to be heard, fire officer whose misdeeds cost them their credibility. See👀policeone.com/legal/articles…
POLICE
🟥Police discipline records hid or destroyed because of union protections.
🟩Prohibit as void for public policy contract provisions that hide records of discipline or permit its punitive consequence to be swapped for sick pay. See👀reuters.com/investigates/s…
POLICE
🟥 Failure to test rape kits degrades and devalues rape survivors and permits rapists to remain undetected and free to rape again.
🟩 Test every rape kit collected. See👀endthebacklog.org/backlog/what-r… and see 👀arizonadailyindependent.com/2018/04/22/sta…
POLICE
🟥Rape accusations rarely false yet infrequently believed.
🟩Police training to understand neurological reasons for disbelief. Designate trained & capable agents to interview, not interrogate. Also see solution to Problem 17. See👀slate.com/news-and-polit…
POLICE
🟥 Adults view black children as older and less innocent than white children. At age of 13, black children perceived to be adults.
🟩 Bias Awareness and Reduction Training; Court Ombudsman. See👀law.georgetown.edu/news/black-gir… and see👀 apa.org/news/press/rel…
PROSECUTOR
🟥 Lack of Accountability
🟩 Eliminate absolute immunity which shields prosecutors from claims of Constitutional violations. See👀acslaw.org/expertforum/af… and see👀themarshallproject.org/2018/03/13/let…
PROSECUTOR
🟥 95% of prosecutors are white, and 83% male; 60% of all prosecutors offices in the country have no black prosecutors.
🟩 Hire more women and minorities, fewer white and legacy hires. See👀npr.org/sections/itsal… and see👀wholeads.us/justice/wp-con…
PROSECUTOR
🟥 Withholding favorable evidence from the accused.
🟩 Err on over-inclusion and early disclosure. Remove and prosecute prosecutors who withhold evidence favorable to the accused. See👀 theappeal.org/the-epidemic-o… and see👀digitalcommons.pace.edu/cgi/viewconten…
PROSECUTOR
🟥 Overcharging. Uses threat of criminal prosecution for non-supported charges to coerce a plea to the substantiated charges in complaint.
🟩 Convince prosecutor to stop overcharging. See👀digitalcommons.law.scu.edu/cgi/viewconten… and see ncjrs.gov/pdffiles1/Phot…
PROSECUTOR
🟥 Allowing defendant to plead guilty without admitting guilt but to take advantage of plea opportunity. Alford/West plea. Practice permits state to escape liability for wrongful convictions.
🟩 Prohibit practice. See👀theatlantic.com/politics/archi…
PROSECUTOR
🟥 Cash bail disadvantages poor & minorities who are not dangers to the community and not convicted of any crime.
🟩 End cash bail.
See👀bailproject.org/after-cash-bai… and see👀
PROSECUTOR
🟥Diversion, while advantageous to guilty & rich, can exclude poor, sweep innocent persons into net and hide bad police conduct.
🟩Fee waivers, full discovery & other protections. nytimes.com/interactive/20… See👀my prior thread:
PROSECUTOR
🟥 Unholy allegiance with criminal informants.
🟩 Restrict reliance on criminal informants. Fire and prosecute prosecutors who withhold informant discovery. Remove camera from office during informant's conjugal visit. See👀innocenceproject.org/informing-inju…
PROSECUTOR
🟥 Gang Injunctions radically depart from Constitutional Due Process and permanently limit the otherwise legal activities of black and brown youth without evidentiary support.
🟩 Dissolve Gang Injunctions
@ACLU_NorCal
See👀aclunc.org/sites/default/…
PROSECUTOR
🟥 Prosecutors who seek to "win-at-all-costs," who engage in prosecutorial misconduct, creating wrongful convictions and perverting justice in the process.
🟩 Expose, fire, disbar and prosecute these rogue prosecutors.
See 👀usa-the-republic.com/items%20of%20i…
PROSECUTOR
🟥 Prosecutors use Peremptory Challenges to remove all black jurors from jury venire. Rule of Law feeble in its response.
🟩 Abolish Peremptory Challenges for Prosecutors
See👀vox.com/videos/2018/10… and see👀theappeal.org/the-power-of-p…
DEFENSE COUNSEL
🟥Attorneys are mostly white. Obstacles often prevent black attorneys from social justice careers.
🟩Increase minority law school pipeline initiatives, expand public defender minority recruitment, and more.
See👀theguardian.com/world/2015/may…
DEFENSE COUNSEL
🟥 Insane caseloads preclude effective representation.
🟩 Limit caseloads, reduce prosecutions, change culture, budget increases parallel to police & prosecutor increased funding. See👀 americanbar.org/groups/legal_a… and see 👀motherjones.com/politics/2013/…
DEFENSE COUNSEL
🟥Legal-centric representation of indigent clients neglects effect of collateral consequences.
🟩Holistic Defense including social work results in positive outcomes and cost savings. See👀bronxdefenders.org/holistic-defen… and see👀 rand.org/pubs/research_…
DEFENSE COUNSEL
🟥 We're not doing enough as a profession to end pervasive racial inequity.
🟩 Use your lawyer super powers. ⚖️ Speak up, litigate, advocate. Use the law and think outside the box. See 👀nacdl.org/Article/June20…
COURT
🟥 Absolute Immunity shields judges from consequences for outrageous behaviors but no impediment to lawsuit could frustrate judicial independence.
🟩 Relax standard to qualified immunity.
See 👀longdom.org/open-access/th… and see 👀 scholar.smu.edu/cgi/viewconten…
COURT
🟥 There are four times the number of judges with prosecution experience than defense.
🟩 Appoint and elect more judges with criminal defense experience. See👀cato.org/publications/s…
COURT
🟥 Nationally, diversity in jury pool not reflective of community.
🟩 Alter laws and jury selection methods. Make achieving diversity in the venire, not just striving for it, a priority.
See👀americanbar.org/groups/litigat…
COURT
🟥 Junk Forensic Science masquerading as evidence leads to wrongful convictions.
🟩 More rigorous controls on scientific evidence and opinion testimony by experts. See👀 innocenceproject.org/forensic-scien… and see 👀 this video: pbs.org/wgbh/frontline…
COURT
🟥 Mistaken eyewitness testimony is leading cause of wrongful convictions.
🟩 Expert testimony; better identification procedures; jury instructions; corroborating evidence. See👀this video: ted.com/talks/elizabet… and see👀this video dailymotion.com/video/xq1p3e
lawandcrime.com/george-floyd-d…
COURT
🟥 Courtroom shackling detainees.
🟩 Shackling only when there is an individual need, not for convenience and economy. See👀 theappeal.org/orange-county-….
COURT
🟥 Lack of Judicial Accountability for "Black Robe Syndrome"
🟩 Independent Review Board with authority to impose discipline; publication of disciplined judges' actions and consequences.
See👀nola.com/news/courts/ar…
COURT
🟥 Lack of Access to Justice
🟩 Improve remote access; support pro bono counsel; devise non-judicial means to achieving justice. See👀amacad.org/daedalus/acces… and see 👀americanbar.org/groups/legal_a…
COURT
🟥 Anti-Terrorism and Effective Death Penalty Act (AEDPA) limits the ability of federal courts to remediate violations of the Constitution via habeas corpus.
🟩 Repeal or revise AEDPA. See👀newyorker.com/news/news-desk… and see 👀 scholarlycommons.law.case.edu/cgi/viewconten…
COURT: APPELLATE
🟥 Failure to remediate constitutional violations by labeling them as Harmless Error.
🟩 Apply Chapman with rigor, stop defending unconstitutional convictions, pass legislation. See👀scholarlycommons.law.northwestern.edu/cgi/viewconten… and see 👀theappeal.org/harmless-error…
COURT: JUVENILE
🟥School-to-Prison pipeline pushes children in minority and disadvantaged backgrounds into prison.
🟩End the over-criminalization of children.
See👀justicepolicy.org/news/8775 and see👀 aclu.org/issues/juvenil… and see👀video:
COURT: JUVENILE
🟥Prosecution of juveniles as adults ignores the biological & neurological limitations of juvenile brain.
🟩Raise the Age of juvenile court jurisdiction.
See👀americanbar.org/groups/public_… and see 👀justicepolicy.org/uploads/justic…
COURT: JUVENILE
🟥 LGBTQ youth are over-represented in juvenile justice system.
🟩 Close youth prisons, create community-based alternatives to youth detention, reduce systemic discrimination.
See👀lgbtmap.org/file/lgbtq-inc… and see👀advocate.com/commentary/201…
COURT: JUVENILE
🟥 10,000+ children are being detained in adult jails and prisons.
🟩 Create community based alternatives to youth detention; prohibit youth confinement in adult institutions youth detentions follow PREA standards.
See👀 prearesourcecenter.org/training-techn…
COURT: SENTENCING
🟥 Mass Incarceration is inhumane, expensive and counter-productive to crime reduction.
🟩 Vastly reduce incarceration and corrections co-dependency. Decarceration strategies. Create community alternatives.
See👀sentencingproject.org/publications/d…
COURT: SENTENCING
🟥 Problem Solving Courts proliferate and promise reductions in recidivism but effectiveness unproven.
🟩 Remain open-minded to therapeutic and holistic remedial alternatives without threat of judicial sanction. See👀theappeal.org/are-problem-so…
COURT: SENTENCING
🟥 Stigmatic Shaming denies human dignity and is counter-productive to restoring social bond with community.
🟩 Eliminate stigmatic shaming sentencing strategies and consequences. See👀criminallegalnews.org/news/2019/mar/… and see 👀ncbi.nlm.nih.gov/pmc/articles/P…
COURT: SENTENCING
🟥Despite positive outcomes in restorative justice programs in juvenile court and other countries, not yet expanded to adult offending in the US.
🟩Expand Restorative Justice strategies to adult criminal court. See👀pbs.org/newshour/natio…
COURT: SENTENCING
🟥 Reliance on criminal fines & fees by courts as revenue source creates conflict of interest and overburdens the poor.
🟩 Reduce or eliminate criminal justice fines and fees.
See👀finesandfeesjusticecenter.org/articles/munic… and see 👀finesandfeesjusticecenter.org/campaigns/coun…
COURT: SENTENCING
🟥 Expungement relief from collateral consequences of conviction granted infrequently and with limitations.
🟩 Simplify expungement process, expand its availability and its benefits. See👀ccresourcecenter.org/state-restorat… and see americanprogress.org/issues/crimina…
COURT: SENTENCING
🟥Conviction of a crime for being in public space & engaging in acts of survival is cruel & unusual; homelessness disproportionately impacts minorities & women.
🟩End the criminalization of homeless persons. See👀digitallibrary.un.org/record/1302425…
COURT: SENTENCING
🟥 The Death Penalty is cruel and unusual, inhumane, prohibitively expensive, disproportionately impacts minorities and does not deter murder.
🟩 Abolish the Death Penalty
See👀files.deathpenaltyinfo.org/documents/pdf/…
and see 👀amnestyusa.org/10-reasons-to-…
CORRECTIONS
🟥 Lack of Accountability
🟩 Abolish Qualified Immunity which shields correctional officers from claims of Constitutional violations.
See👀newsweek.com/prison-inmate-… and see👀brennancenter.org/our-work/analy… and see👀lawdigitalcommons.bc.edu/cgi/viewconten…
CORRECTIONS
🟥Lack of LGBTQ diversity in corrections agencies contributes to homophobic responses toward inmates & coworkers.
🟩Hire/elect more LGBTQ; bias training.
See👀tandfonline.com/doi/abs/10.108… and see👀 comingoutfrombehindthebadge.com/stories-gaypol… and see👀 lgbtmap.org/file/lgbt-crim…
CORRECTIONS
🟥Rising jail deaths signal a failure of primary Correctional goals: Care, Custody & Control.
🟩More observation, better safety precautions, psychiatric services. facility design + more.
See👀thecrimereport.org/2019/04/24/tex…
and see👀sandiegouniontribune.com/news/watchdog/…
CORRECTIONS
🟥 Corrections cannot achieve primary goals of care, custody & control with COVID-19 contagion.
🟩 Release all prisoners. $0 bail, furlough, commutation, and electronic monitoring.
See👀texastribune.org/2020/06/08/tex… and see👀 video:
CORRECTIONS
🟥 "Constitutional Sheriffs" selectively enforce the law and violate individual rights to appease majority.
🟩 Remove renegade Sheriffs whose selective enforcement violates civil rights.
See👀theappeal.org/the-power-of-s… and see 👀politico.com/magazine/story…