“I believe if you deal drugs and someone dies, you should be charged with felony homicide, full stop, no questions asked,” Youngkin said. “We cannot coddle drug dealers.”

About that, Governor…

(A thread about SB 52, the very unwise fentanyl overdose murder bill)

1/ Pop quiz: who said this & what year was it:

“Short sentences do not deter. There should be a minimum sentence for a 2nd offense. The peddler, the smuggler, those who traffic in narcotics—on the 2nd, if there were a minimum w/o parole, it would just about dry up the traffic”

2/

Pearl clutchers offended by jury nullification — the idea that citizen jurors need not enforce unjust laws — allow me to tell you a story. The year was 2001, two years before Lawrence v. Texas, when oral and anal sex were both punishable as felonies in Virginia.

1/13

https://twitter.com/sharkhand/status/1545812784813953026

Really, tho, they were only illegal for gay people. This was never more evident than in a trial I watched that summer in Fairfax County, VA, where I was a public defender intern. It concerned a man’s attempt to hook up w/a guy who’d been hitting on him at Barnes & Noble.

2/13

New t-shirt alert.

Should probably start handing these out for free in the states that had trigger laws. Also, since I’m sure you’re wondering: current bench press max is around 315lbs.

Here are a few things that would be different if pretextual policing had been outlawed nationwide:

- Sam Dubose would be alive
- Sandra Bland would be alive
- Philando Castile would be alive
- Walter Scott would be alive
- Daunte Wright would be alive

1/7

https://twitter.com/JusticeFwdVa/status/1486831890657128448

In Va., Lt. Caron Nazario would’ve been able to drive home from work w/o being pepper sprayed by police. And the corrupt Windsor Police who turned racist pretext stops into an art form wouldn’t have been sued for chronic civil rights violations

2/7

npr.org/2021/04/11/986…

Today @JusticeFwdVa wrapped up its 5th annual Lobby Day, which for the 2nd year in a row was entirely virtual (and more of a “lobby week”). 70-ish volunteers participated. We connected with nearly half of the Gen’l Assembly. But it almost didn’t happen!

1/6 Ten days before session, my sister @MissKelHaywood & I learned we’d have to plan & execute lobby day mostly on our own. It should be noted that between us we have 3 full-time jobs. Also, scheduling meetings w/that many legislative offices & volunteers is a huge undertaking

2/6

Took a closer look at the data today. Dunno how WaPo only gets “2 pinnochios” out of Youngkin’s parole claims—he basically constructed an alternate reality & is banking on neither the media nor his opponents taking him to task (pretty good bet on his part). Ergo, a THREAD.

1/15

https://twitter.com/bradleyrhaywood/status/1441943842421235715

The short version: of the nearly 13,000 inmates DOC released from prison in 2019, only 140 (1%) were released as a result of regular, discretionary parole. Moreover, only 30 of 1835 parolees in the community violated that year; a grand total ONE was on parole for homicide.

2/15

Let’s talk about why drug possession should never be a felony. First, background for fellow Virginians. Simple possession of a schedule I or II drug (most drugs of abuse, incl. cocaine, opiates, amphetamines, MDMA, LSD, etc) is punishable by up to 10 years in prison.

1/10 You catch that? TEN YEARS. It also results in a felony conviction and all of the collateral consequences that follow: loss of right to vote/own a firearm, ineligibility for student financial aid, loss of public employment, loss of housing/public benefits, etc.

2/10

Traditionally, a lot of nepotism has gone into selecting judges. And that’s a big reason why public defenders rarely get picked: we didn’t work for your law firm, or attend local Dem/GOP meetings, or cut big checks to candidates, etc. (1/6) That doesn’t mean we aren’t just as smart or capable. It simply means legislators have to do a little more work to get to know us. And that’s all we’re asking: that you do your homework. (2/6)

Well that was a trip. Allow me to share the story of how we ended up here today, with @MeekMill, at the signing of a historic bill to end mass supervision in Virginia (1) Last Summer, @JusticeFwdVa & @DonScott757 started talking about probation reform. It was a top priority for both of us. Personally, the issue was on my radar for two reasons: 1st, the way mass supervision ruined my clients’ lives; 2nd, @MeekMill’s inspiring story and activism (2)

THREAD: Va Dems were criminal justice reform all stars over the past year, yet Terry McAuliffe, their likely gov. nominee, doesn’t have the best record on CJR. Advocates are anxious to know if he'll be an ally. Does his CJR platform assuage those concerns? Let’s find out...

1/24 First, a link & some optimism: even if his proposals are underwhelming (keep reading...), he’s done good things in the past. Example: in '19, he helped elect several progressive prosecutors. Didn't just endorse; he showed up, canvassed & did the work. 2/24 terrymcauliffe.com/issues/justice/

Been seeing a lot of "mugshot shaming" from Va. police dep'ts recently, incl. this example from Culpeper yesterday. I don't know how someone can look at these two faces (I made the redactions) and see anything other than the despair of addiction & a desperate need for help

1/5 Yet w/this single act of public humiliation, the Culpeper PD has made any path they might have to recovery & restoration that much more difficult. The photos are now a permanent part of the internet, available to schools, employers, child care providers, pretty much anyone.

2/5

THREAD: What if I told you that almost everything Off'r Gutierrez did in his interaction with Lt. Nazario finds at least some justification in the law? This is what we need to be talking about right now, because if we don’t, nothing will change.

1/16 People want the simple fix: training, bodycams, “bad apples”/duty to intervene,etc. That’s also what police & the tough on crime crowd want you to focus on. Just don’t take away their power! Yet it’s their power—and acquiescence by courts & policymakers—that’s the problem

2/16

Today in random acts of cruelty: a woman convicted of shoplifting in Arlington, who is pregnant and due in May, was sentenced to three months in jail—i.e. possibly sentenced to have her baby in jail—despite both the prosecutor and defense attorney recommending no jail time. Also, to be clear: these weren’t my office’s cases. We’re not “oversharers”: we were just present when the sentencings went down.

THREAD, PT DEUX -- it was a lovely long weekend, I’m feeling rested and energized, and lucky for you I’ve got some more great criminal justice policy ideas to share. Real exciting stuff, I promise. Let’s flesh these out: 1/9 Ok, so to reduce unnecessary contacts between police and people/communities of color, here’s what we’re going to do: end the war on drugs. 2/9

THREAD in which I explain how Virginia actually repealed the death penalty in 2004, with a delayed enactment clause to 2021 (and why we can solve a lot MORE problems by giving public defenders adequate pay and resources). Ready? Let’s go.... 1/13 Virginia has slowly but steadily gone from the most execution-happy state in the US to achieving a de facto moratorium on the death penalty. This process appears to have started sometime in the 2000s. 2/13

Someone sincerely just argued that the death penalty promotes second chances because it gives the condemned a heads-up that they’re about to die so they can set aside some time to talk to god Virginia Senate hearing on a repeal bill, for those who are wondering about the context...

What does Tim Hugo think happens to someone charged with a mandatory life offense for child sexual assault? That they just say "oh well, you've got me! I'll go serve my life sentence now." /1

https://twitter.com/TimHugo/status/1346559132648824832

Here's what happens: they realize they have nothing to lose. They require the gov't to prove its case at trial, forcing the gov't to face the prospect of re-traumatizing a child victim--or instead, plea bargaining. But how can it bargain when the only option is mandatory life? /2