2021 was a year of meaningful comprehensive changes to VA’s criminal justice system. As it comes to a close we’re taking a look back at what we’ve accomplished together, adding highlights to the thread throughout the day. Thanks to everyone in the movement—justice forward! 1/
Incarcerating someone for 5 yrs for stealing something worth less than $1K is facially unreasonable, but that’s exactly what VA’s Petty Larceny three strikes rule did. @KenPlum1’s HB2290 ELIMINATED the enhanced policy that put Virginians in a needless cycle of systemic abuse. 2/
With broad support, @delegateaird’s HB1990 Racial Impact Statements allowed Virginia to join a host of other states— IA, CT, FL, OR, NJ, MN, & CO—in creating mechanisms to help prevent seemingly neutral criminal justice policy from having harmful outcomes. 3/ #justiceforwardva
The scale of mass incarceration & supervision in VA is staggering. @MeekMill joined our advocacy efforts to advance Delegate @DonScott757’s HB2038. The new law corrects an egregious policy failure and helps to remove “the proverbial knee on the neck of marginalized communities.”
VA lacked unified data collection. @SenLouiseLucas @C_Herring’s SB1391/HB2110 Pretrial Reform: Data Collection now helps us make informed decisions on how to minimize unnecessary pretrial detention, while ensuring community safety, and the timely disposition of criminal cases. 5/
“Part of our challenge in protecting public safety is the Code itself,” in this case, VA had only one punishment for robbery: 5 YEARS TO LIFE in prison. Del. Watts’ HB1936 removed the “5 to Life” range, replacing it with degrees based on the seriousness of the offense. 6/
Expungement, period. After the tireless and many years work of @LegalAidJustice & @nolefturnsinc, @C_Herring @surovell’s HB2113/SB1399 came to pass—for the first time, Virginia would secure a good start at creating a system of automatic record sealing. 7/
Although the Constitution requires presumption of innocence & bond unless a person is determined to be a risk, VA Code flipped the script with presumptions against bail. @CreighDeeds SB1266 ended presumptions—creating a big step for reducing unnecessary pretrial incarceration. 8/
It took countless years & advocacy orgs, but VA became the first in the South to legalize Marijuana. @C_Herring @AdamEbbin’s HB2312/SB1406 created an authority to regulate, & legalized simple possession & home cultivation for adults 21 yrs & up. MAJOR shouts to @thcjusticenow! 9/
Every bit of relevant info should be allowed at trial, yet those accused of crimes in VA were prohibited from submitting evidence of mental illness due to 1985 VA Supreme Crt decision. @BarbaraFavola @JennMcClellanVA @JeffMBourne’s HB2047/SB1383 changed that. Justice forward! 10/
Some spent entire careers placing demands on themselves unlike any reformer—advocating to abolish the death penalty, 3 bill filings @ssurovell @mikemullin4VA @carterforva, & a Governor’s commitment, and 2021 finally became the year VA gave up the power to kill its own people. 11/
VA was one of TWO states that maintained entirely mandatory jury sentencing. Morrissey’s SB5007 enacted in 2021 gives defendants who elect jury trial a choice of judge or jury at sentencing—helping Virginians avoid the jury penalty, a driving force behind mass incarceration. 12/
In the months following the murder of George Floyd, public defenders in VA drafted legislation to address racial disparities in pretextual policing practices. In March, VA became the first state to eliminate many pretexts—serving as a model for reform 13/ nbcnews.com/news/us-news/t…
70% of the VA Crt of Appeals bench spent careers locking people up & defending police, none fought for rights of indigent defendants. In 2021 the GA appointed public defenders/legal aid to the bench—the diversity of perspective that’s essential to equal justice under the law. 14/

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More from @JusticeFwdVa

17 Dec 21
VA abolished parole in 1995 and offers almost no mechanisms to review sentences or provide second chances to incarcerated Virginians who have worked diligently to grow, change, and repay their debt to society.

A THREAD for those who want to to join efforts to change that: 1/
VA abolished parole, replacing it w/ a “truth in sentencing” system guaranteeing incarcerated Virginians serve at least 85% of their time—leading directly to increases in the length of sentences AND elimination of one of the strongest incentives for one to rehabilitate. 2/
A Governor holds tremendous authority however: to reduce mass incarceration, improve equity in the criminal justice system, correct unjust sentencing of the past, and show mercy by using their clemency authority in real and meaningful ways. 3/
Read 9 tweets
21 Oct 21
The U.S. is the world’s leading jailer, with over 2M people currently caged—a 500% increase over the last 40 years. The staggering increase is no accident. It’s the result of decades of ruthless public policy decisions—driven by politically fueled crime panic narratives. 1/11
From the founding of the U.S to present, stories creating panics about crime waves or criminal behavior are ultimately met with policy that dictates the ever-expanding state surveillance and control of people of color, frankly, to make white people feel “safer.” 2/
Take the Reconstruction period of 1865 for example, when politicians leveraged white people’s fear of newly freed, enslaved Black people to create ‘Black Codes’ outlawing behaviors such as “walking without a purpose” or “walking at night.” vera.org/reimagining-pr… 3/
Read 11 tweets
9 Aug 21
So, just the intern here—bosses are “out of town” and I’m left to my own devices, I mean what could go wrong!? This lawyer guy poses what seems like a good question about Va. Court of Appeals judges, cool, i’m going investigate! We’ll see if I still have a “job” Mon.,A THREAD: 1/
So, check it, this hunky att’y replies to a tweet, he’s like, “does anyone know how many former Public Defenders have ever been appointed to Va’s Court of Appeals?” And I’m like, nope, but here’s my big research opportunity, you know, impress the bosses. 2/
So the GA is filling 8 judgeships. I decide to do a little digging, google’s badass, and I find this chronology, whatever you call it, it’s a list of all the judges who’ve been on the Virginia Court of Appeals since its inception in 1985: scvahistory.org/chronological-… 3/
Read 8 tweets
6 Aug 21
We’ll be honest, we’re worried we’re not going to see the type of professional diversity on the Court of Appeals we all know is critical to fair outcomes in our legal system. The Va. Way of filling judicial vacancies is as transparent as a brick wall, but here’s what we know: 1/6
Next week is when we’ll see votes on Court of Appeals nominees. The original 80 applicants have been narrowed down to a list of 16 candidates for the Senate and House to consider appointing to eight open Court of Appeals seats.  2/6
We don’t know the entire “List of 16” and that list will probably NOT be made public. We’re fairly certain it doesn’t include most of the top indigent defense attorneys that applied for a judgeship. 3/6
Read 6 tweets
3 Apr 21
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/
Read 21 tweets
27 Feb 21
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

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