John Raphling Profile picture
28 Sep 20
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.
Read 4 tweets
28 Sep 20
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
17 Sep 20
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.…
City officials promised justice and police reform, but have delivered neither. That fight for justice continues.…
Read 6 tweets
2 Sep 20
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.…
Deputy who killed Andres Guardado was reportedly trying to prove himself to a Sheriff’s Deputy gang out of Compton Station—The Executioners.…
Read 5 tweets
19 Aug 20
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.…
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.…
Read 8 tweets
13 Aug 20
“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…
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…
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…
Read 13 tweets
9 Aug 20
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.…
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.…
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.…
Read 8 tweets
11 Jun 20
Jails and prisons are breeding grounds for Covid-19. The virus spreads uncontrollably within them, due to crowded conditions, lack of hygiene and sanitation, recirculated air, poor health in general. See @hrw report…
Jails and prisons throughout the country are having deadly outbreaks and people are suffering immeasurably. Marion Correctional Institution in Ohio is one example.…
Lompoc Federal Prison is another. Cook County Jail, Rikers Island, Terminal Island.…
Read 11 tweets
5 Jun 20
So this is policing in the US today: All 57 members of a Buffalo Police Department special unit resigned today. Why?…
Because the department suspended 2 from their unit for shoving a 75 year old man to the ground during a protest, causing him to hit his head, lose consciousness and suffer serious injury.
They didn't resign to protest the violence. They resigned because they didn't believe they should be disciplined. They said they were just doing what they were trained to do.
Read 7 tweets
28 May 20
This @propublica article gives a great illustration of why risk assessment tools are so dangerous and are a false criminal legal system reform.…
AG Barr said that they would consider releasing people with risk scores in the “minimum” risk category. Initially, about 20% of people. They only let out 1.8%. And people are dying from C19 in Fed custody.
To limit possible release, they just changed the risk score scale. A 21 score used to be “minimal” risk, but they changed it to a score of 6. So far fewer people fit that category—far fewer eligible for release.
Read 15 tweets
12 May 20
Covid19 spread in prisons/jails is a disaster happening across the country. Sickness, fear, death. Already in some places and only just beginning in others. We need action now! @hrw report on the danger 1/11…
@hrw report establishes baseline standard: Reduce population to allow 1) social distancing (6ft) at all times 2) non-punitive isolation/quarantine for sick and exposed 3) proper medical care 2/11
International human rights law protects the right of everyone to the highest attainable standard of health—including incarcerated people. Law aside, human decency requires it. 3/11
Read 11 tweets
17 Aug 18
@hrw strongly opposes #SB10, CA bail reform bill, because it isn't bail reform. It replaces money bail with racially biased risk assessment and judges' discretion to lock people up with no chance of release. #StopSB10 @svdebug
#SB10 replaces money bail with risk assessment tools that embed and increase societal and law enforcement race and class bias while claiming to be "evidence based."… @hrw #STOPSB10 @hrw
Risk assessment tools used in #SB10 have adjustable scoring systems, so they can be used to put as many people as they want into the higher risk categories. Guess who will control the scoring of the tools? #STOPSB10 @essie4justice @hrw
Read 12 tweets