John Raphling Profile picture
Sep 28, 2020 4 tweets 1 min read Read on X
This is for pre-arraignment release. Sec. 1320.13 allows review, but not for high risk. At arraignment, the risk assessment is a factor for the judge to consider in deciding release or detain (Sec. 1320.15)
Knowing judges, they will not be releasing people with high or even medium risk scores. Where RAs are already being used, judge override the scores in favor of detention.
And, the scoring system of RA tools are completely arbitrary. Whoever controls the tools (judges) can set them to rate as many people as high risk as they want.
The original SB10 said the tools were only used to determine release conditions. The new SB10/Prop 25 uses the tools to determine release and detain.

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More from @JRaphling

Sep 28, 2020
Sec. 1320.18 allows a prosecutor to request and a judge to impose "preventive detention" (held in jail pretrial with no way out) if the judge believes no release conditions will assure protection of the public or return to court.
That is a completely subjective standard. The judge just has to say that they don't think release will assure protection or return and they can simply order incarceration. Nothing stops them from doing this. Judges can always find some reason to justify.
In the past, judges have set high bail; now they don't even have to bother with bail. Sec. 1320.19 and 20 describe the hearings. Almost no due process protections. Almost unlimited judge discretion to impose preventive detention.
Read 9 tweets
Sep 17, 2020
4 yrs ago today Tulsa police officers killed Terence Crutcher, unarmed, not threatening, maybe in need of some help. Image
Terence left behind a loving family, including his twin sister @TiffanyCrutcher, and a large community of people, especially in North Tulsa. ktul.com/news/local/fam…
City officials promised justice and police reform, but have delivered neither. That fight for justice continues. newsweek.com/tulsa-police-k…
Read 6 tweets
Sep 2, 2020
Dijon Kizzee 8/31/20
Terron Jammal Boone 6/17/20
Andres Guardado 6/18/20
Michael Thomas 6/11/20
Jarrid Hurst 6/7/ 20
Robert Colvin 5/29/20
Robert Avitia 5/26/20

These are all people shot and killed by Los Angeles County Sheriff's Deputies since George Floyd was killed.
According LASD, deputies stopped Kizzee for a bicycle violation, he ran, hit an officer while trying to escape, dropped a gun (so, unarmed)—and they shot him. abc7.com/doorbell-video…
Deputy who killed Andres Guardado was reportedly trying to prove himself to a Sheriff’s Deputy gang out of Compton Station—The Executioners. spectrumnews1.com/ca/la-west/pub…
Read 5 tweets
Aug 19, 2020
We need to defund police and invest in communities to promote public safety. @hrw has just released a report recommending this divest/invest approach to reform. hrw.org/news/2020/08/1…
But @hrw report also says we need meaningful accountability mechanisms to deter police misconduct. We cite to data from departments across the US showing police investigating themselves and finding themselves blameless.
Our report on Tulsa revealed from 2012-17, TPD reported 3,364 acts of force, found only 2 “out of policy”, imposed no discipline for either. Not unusual for US police. hrw.org/sites/default/…
Read 8 tweets
Aug 13, 2020
“A Roadmap for Re-imagining Public Safety in the United States” @hrw paper on policing, recommendations for structural reform: Divest from policing, invest in communities, strengthen accountability hrw.org/news/2020/08/1…
This paper builds on @hrw 2019 case-study of policing in Tulsa, detailing connections between abusive policing, poverty and structural racism, recommending divestment from police/investment in community/accountability for harmful police hrw.org/sites/default/…
We must: 1) reduce role of police in addressing societal problems; 2) invest in communities to advance public safety/rights/well-being; 3) develop independent accountability mechanisms @hrw recs on policing hrw.org/news/2020/08/1…
Read 13 tweets
Aug 9, 2020
This is a good piece, but needs to push harder against risk assessment tools. You explain well that the tools have embedded racial bias- reason enough to reject them.
pbtx.com/files/2019/12/…
But you could also explain that risk assessment tools are completely adjustable, which means who ever controls the tools (judges, court administration, law enforcement) can use them to increase incarceration at will. propublica.org/article/bill-b…
And, risk assessment tools function by creating dehumanizing profiles, reducing individuals and their circumstances to data points, predicting based on what others with similar profiles have done in the past.
hrw.org/news/2019/06/2…
Read 8 tweets

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