That said, a bigger problem: the figure has a misleading denominator.
80% of MA cases involve a lead misdemeanor charge. The *vast* majority of misdemeanors are *statutorily ineligible* for these hearings.
The denominator should be cases with *eligible* offenses, not all cases.
Getting those numbers right matters because it allows for a more precise investigation into @DAKevinHayden's claim that his office uses these hearings judiciously.
They routinely file them on possession offenses without any individualized assessment of the particular defendant.
And @DAKevinHayden should get critical questions about this because as @RepChynahTyler said last year during the budget fight when Gov. Baker pitted increased jailing against #NoCostCalls, 90% of people Suffolk prosecutors try to jail are people of color!
Justice Gaziano notes that, like traffic stops, pedestrian stops are deliberate choices by police officers, that proving a negative (people not stopped) is nearly impossible for defendants to do, and that the lack of data requires a totality standard to make EPC claims workable.
Justice Gaziano also clarifies how selective prosecution & selective enforcement differ.
In doing so, he confirms that the "presumption of regularity" applies to decisions by police/prosecutors to charge someone with a crime, but NOT to police investigatory tactics & decisions.
At some point policy proposals like this aren't accidental. Our highest court acknowledges traffic enforcement throughout MA targets Black & Brown people.
So policy like this? It's racist. "Disparities" aren't unintended consequences, they're foreseeable & probable. Purposeful.
When commentators frame policy like this as being dense and unthinking--instead of knowing and intended to increase police power to stop the usual people in the usual way--it gives white supremacy an out.
Textbook carceral state expansion playbook:
1. Name bills for sympathetic crime victims 2. Lie to the public that tougher penalties deter behavior (empirically untrue) 3. Enhance law enforcement discretion 4. Create penalties for conduct that is already independently punished
Today the Mass. Appeals Court published a 3-2 decision upholding a racist stop & frisk of a Black 16-year-old girl in public housing at the urging of the @SCDAONews Appeals Unit.
Every day, @DARollins' Appeals Unit erodes the constitutional rights of poor people of color.
This case involved Samora Lopes, a BPD gang unit cop who the Supreme Judicial Court *already found* has a pattern of making unlawful, racially discriminatory traffic stops.
Lopes was acting on a 3-hour-old tip that some kids had a gun outside a housing development.
Lopes, 60 feet away inside his car, watched a girl walk away from a group of kids & repeatedly look over her shoulder + put her hands near her waistband, though he couldn't really see what she was doing since he was watching from behind. On that basis, he decided she had a gun.
The DOC has shown reckless disregard in responding to COVID-19. It ignores the CDC best practice of *testing all staff* in the prisons. When an outbreak emerges, they conduct "facility-wide testing" BUT *excluding staff,* the primary vectors of bringing disease into a prison!
The DOC ignores quarantine & isolation protocols. In April, in one known case, the DOC gave a medically vulnerable woman COVID by quarantining her *on the COVID unit* after she returned from an unrelated outside hospitalization. They didn't isolate confirmed COVID cases!
2/ People held pretrial on bail, bail revocation, or a probation hold can file a motion for review & get a hearing within 48 hours.
Anyone held on nonviolent/nonserious offenses* gets a presumption of release, which can be rebutted.
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*Not in Appendix A: mass.gov/files/document…
3/ Already, the bail statute presumes release - regardless of charge - unless there's risk of flight.
But under the SJC case, release is presumed only for people charged with non-excluded offenses, and it can be rebutted by an "unreasonable danger" or "very high risk" of flight.
Arraignments continue today from this weekend's arrests
The lead @nlgmass lawyer representing arrestees, @SusanBChurch11, was just TAKEN INTO CUSTODY on contempt for reading case law into the record about how denying nolle pros violated the law!!