Only 72 hrs until @CBS6 hosts its VA Democratic primary debate. Amidst a historic civil rights movement focused on criminal justice reform, we need to know which candidates support the movement and which will allow it to stagnate. Here are the questions we'd like answered: 1/21
Agree or disagree: Virginia’s criminal legal system has caused untold harm to people of color harm that must be undone through reforms that prioritize racial justice and equity. Agree? What’s your plan? @TerryMcAuliffe @JCarrollFoy @JennMcClellanVA @FairfaxJustin @carterforva 2/
What is restorative justice? Do you support it, and if so, what would you do to move Virginia’s justice system toward a more restorative justice model? 3/
Substance use disorder is a disease, not a crime. With that in mind, why is possession of narcotics a felony offense? Should it even be a crime? Do you support defelonization and eventual decriminalization of drug possession? If so, under what conditions? 4/
Governors have virtually unlimited clemency powers to provide relief to Virginians serving unjust, harsh sentences. As Governor, will you use those powers to pardon people who can safely return to society? What steps will you take to help the wrongfully convicted? 5/
For Gov. McAuliffe, why did you not pardon William Morva, who was profoundly mentally ill & may not have even known why he was being executed? Why did you allow DOC to obtain lethal injection drugs in secret? Do you regret these decisions? Why/why not? 6/
Will you support legislation allowing Virginians harmed by police or corrections officers to sue and recover damages in state court without facing immunity defenses? Do you support ending qualified/sovereign immunity? 7/
Do you support bringing back a system of parole? 8/
Similar to safe reporting of overdoses, will you support safe reporting of mental health crises that would prohibit charging felony assault on a LEO when responding to such a call? Would you support repealing the mandatory minimum for assault on LEO? 9/
The US has 5% of the world’s population but 25% of its prisoners. Politicians love to talk about reducing sentences for nonviolent crimes, but that’s not what drives mass incarceration—excessive sentences for “violent” crimes does that. Is this a problem? What can be done? 10/
Under the current marijuana legalization bill, juvenile pot use remains a delinquent offense, much like underage possession of alcohol. Do you support addressing underage use of alcohol and marijuana OUTSIDE of the juvenile delinquency system? 11/
Two bills aimed to restore independent oversight to VA’s prison system failed this year, but lawmakers agreed to study them. Do you support appointing an independent ombudsman to oversee VDOC to investigate complaints and conduct regular inspections of state facilities? 12/
Would you support a review within or outside of the behavioral health department regarding the practices related to the civil commitment of so-called “sexually violent predators”? 13/
Perhaps due to their lack of traditional political influence, CJR advocacy groups have often been excluded from policymaking processes. How can the executive branch do a better job incorporating the expertise & practical experience of the advocacy community on these issues? 14/
What do you see as the problems with cash bail? How do we go about ending cash bail and replacing it with a better model of pretrial justice? 15/
In the same bill legalizing pot, VA passed add’l funding for police. Research suggests that add’l funding of this type will lead them to replace pot arrests w/ diff arrests for other minor conduct. How can we expect to end the war on drugs if we’re increasing police budgets? 16/
What is your plan to begin dismantling the school to prison pipeline? 17/
In order to stop using police/prisons to address drug use & mental illness, we must dramatically rebuild and expand treatment infrastructure--more detox facilities, treatment programs, therapists and counselors. Where does this fall for you in terms of budget priorities? 18/
Public defenders are dramatically under-resourced and underfunded compared to their prosecutorial counterparts. In some Virginia jurisdictions they make as much as 40% less on average. Why is pay parity important, and are you committed to supporting pay parity as governor? 19/
The General Assembly passed legislation in 2021 to expand The Court of Appeals. None of the current judges spent their careers as public defenders, legal aid lawyers, or civil rights lawyers. What will you do to ensure professional diversity on the bench? 20/
Can any of you give a single policy reason to abolish some mandatory minimum sentences, but not all of them? And will each of you commit to pushing for full abolition in 2022?  

21/21

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More from @JusticeFwdVa

27 Feb
Tonight, the Virginia General Assembly reportedly agreed on a marijuana legalization compromise that, from the perspective of racial justice, is worse than the status quo. How can that be? We’ll explain... 1/6
As we understand it, the compromise creates new crimes like possession in a vehicle & possession under age 21, and new pretexts like “transportation” & offering or consuming marijuana in a public place—all of which will be enforced disproportionately against Black Virginians. 2/6
Moreover, the bill is at most an aspirational policy statement—the benefits (legalization) aren’t effective until ‘24, and the legislation includes a reenactment clause, requiring virtually every aspect to be voted on again in ‘22. The vote this year basically doesn’t matter 3/6
Read 6 tweets
26 Feb
Matthew Rushin was sentenced to 10yrs in prison for intentionally causing a car crash. He maintains it was an accident, but VA law prohibited introducing evidence of his autism disorder proving that. VA lawmakers are hung up over a bill to change this. 1/4 theappeal.org/virginia-menta…
People accused of crimes in Virginia are prohibited from submitting Evidence of Mental Illness during trial because of a 1985 Virginia Supreme Court decision that ruled a person’s mental state was irrelevant unless a plea of not guilty by reason of insanity is entered. 2/4
After @JennMcClellanVA’s SB1315 passed @VASenate, the bill faced resistance in @VaHouse. The opposition prompted removal of mental illness. Members of a conference, McClellan @JeffMBourne @CarrieCoyner @CreighDeeds @RichardStuartVA & V Watts have a chance to reconcile this. 3/4
Read 4 tweets
25 Feb
ANOTHER #EndMandatoryMinimums tweet thread?! You’re DARN right it is?! We’ll stop when #VAGeneralAssembly ends them ALL—but in the meantime, nestle in (especially you @VAHouseDems) while we take you on a journey around the broad support the Repeal of Mand Mins has garnered. 1/13
Back in 2019, @GovernorVA said he was NOT going to sign anymore into law, adding, “imposing mandatory minimum sentences eliminates the discretion of judges and juries, and ties the hands of the individuals entrusted to make these important decisions.” washingtonpost.com/opinions/2019/… 2/13
The notorious Virginia Crime Commission—many of you out of state advocates have asked where you can get one (lol)—officially recommended in January of 2021, that VA Repeal ALL of Virginia’s Mandatory Minimum Sentences. ALL of them. ALL. vscc.virginia.gov/2021/VSCC%20Ma… 3/13
Read 13 tweets
15 Oct 20
False info regarding the “cost” of jury sentencing reform is jeopardizing the passage of SB5007 by @VAHouseDems. We’ve got the data that should put those costs arguments to rest for good. Ready? 1/3 @DelegateTorian @MarkSicklesVA @EFillerCorn @kmurphyva @JeionWard
Acc. to the Va. Crim. Sent. Comm’n, there were 24,648 guidelines sentencing events in 2019. Only 1.2% of those were from jury trials. That means a TOTAL of only 287 convictions resulted from jury trials all year. More than 24,000 were bench trials (8%) or guilty pleas (90%). 2/3
So, generously assuming that around 50% of jury trials result in acquittals, the total number of juries in the entire state is probably around 550 ALL YEAR. FOR THE ENTIRE STATE! About 5 per Commonwealth’s Att'ys Office

Facts, people! You can't ignore them! Pass SB5007 now! 3/3
Read 4 tweets
7 Sep 20
Justice reform allies! You may have heard the great news that @IbraheemSamirah has requested a re-vote on HB5013, @JeffMBourne's modest partial repeal of qualified immunity. What you may not have heard is that we still need one more vote! 1/6
@KayeKory, ordinarily an ally, abstained on Fri, but we're told she might reconsider. Also abstaining were @DelegateFowler & @CliffHayesJr. Dems voting against incl @DavidBulova, who famously marched in support of CJR recently, @shelly_simonds, @MarthaMugler & @SteveHeretick 2/6
Heretick stands out bc he reps Portsmouth, where the police are engaged in a pattern of vindictiveness vs. pub defenders & his own colleague @SenLouiseLucas. If any dept sees itself as above the law, it's the one on his own turf. Yet he opposed even a tad more accountability 3/6
Read 6 tweets

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