Read on Twitter
I've got 99 problems with the Criminal Justice System and 99 solutions.
If you're a protester wanting reforms to champion, if you're an ally seeking greater understanding, if you're a leader who wants specific solutions to move us past the rhetoric, this thread is for you.
If you're a protester wanting reforms to champion, if you're an ally seeking greater understanding, if you're a leader who wants specific solutions to move us past the rhetoric, this thread is for you.
What's in a number, anyway? Why not 5? Because that's not enough. There are hundreds of changes that need to be implemented. These injustices are systemic. You can't just change the tires of a car in disrepair and hope that they'll be enough to propel it down the road. 2/
That's why efforts by leaders to make public concessions have been met mostly with a "Thanks and what else?" response. There is so very much to be done. Before we get started in our diagnostics, there's a few things you'll need to keep in mind. 3/
The crime drama shows you enjoy watching so much are, as realistic a portrayal of the criminal justice system as Star Trek accurately depicts what NASA does. If you think you know about the system because of these shows, think again. I've been cursing at the TV for decades. 4/
Knee jerk policy making should be avoided. These problems and solutions are not whimsical or without evidentiary support. These are problems known to criminal justice professionals for decades. Until now, however, there hasn't political will to make serious reforms. 5/
In terms of managing your expectations: you can have reforms that are good and fast, but those won't be cheap. You can have reforms that are cheap and fast, but those won't be good. And you can have reforms that are cheap and good but those won't be fast. 6/
The reforms proposed herein each address four salient qualities necessary for meaningful change, who can be remembered by the acronym: FACT
Fairness
Accountability
Competency
Transparency
7/
FairnessAccountability CompetencyTransparency7/
Fairness: to all and not just some.
Accountability: of our government agencies to those they serve
Competency: of those hired to mete out justice on our behalf; and
Transparency: sunlight is the best disinfectant.
8/
Accountability: of our government agencies to those they serve
Competency: of those hired to mete out justice on our behalf; and
Transparency: sunlight is the best disinfectant.
8/
We are a hodge podge of 50 different state systems, plus the federal system, plus all the local quirks and peculiarities. Not all of the reforms I'm proposing may apply to all these varied jurisdictions. 9/
When I speak of the Criminal Justice System, I am referring to a collective of operating groups of people, all of whom influence and are influenced by the system. These include: Police, Prosecutors, Defense Counsel, Courts, Corrections, Lawmakers, Media and the Community. 10/
99 is a lot and so I am going to keep each problem and solution to a single tweet. (Wish me luck.) If you want to know more about any one particular reform, just reply. Each could rightfully be the subject of their own thread. 11/
"12 Stitches Wide." When I was an idealistic criminal justice major in college in the 80's I dispatched for the police, hung out with them at the FOP lounge and started dating one. Eventually he would brag to me about knowing his flashlight was 12 stitches wide. 12/
This experience would shift my interest away from being a police officer or a prosecutor and instead toward becoming a criminal defense attorney. I've been a private attorney, representing retained, appointed and pro bono clients for 28 years. 13/
I challenged Lockheed Martin and Red Light Camera Photo Enforcement program in San Diego in 2001, eventually realizing its termination and the dismissal of 400 client's cases. I consulted with police agencies in other cities who wanted to keep this technology out of theirs. 14/
I saved a 12-member police department in New Jersey from being disbanded in favor of a shared services agreement. I was hired as subject matter expert and curriculum developer to design dozens of criminal justice courses for publishers and universities. 15/
I taught undergraduate courses in criminal justice to law enforcement officers seeking to promote, and I supervised law students where they represented indigent accused of crimes through the Bail Project and Traffic Court Clinic at a local law school. 16/
All of this horn tooting intended to reassure you that the ideas I'm proposing are not casually considered or flippantly suggested. These ideas have been nudging me on for years as motivation to keep at what I'm doing in the hopes that one day I'd live to see them realized. 17/
Though I've always been a Utopian Idealist, the recent protests and the ensuing promises of leaders for a better tomorrow has me cautiously optimistic that real and meaningful change is near by. But my optimism has also left me flat-on-my-back-disappointed before, too. 18/
At the end of this thread, I'll also share which reform I think is singularly the most important. So that's enough of the preliminaries . . . let's get started. "I've got 99 Problems with the Criminal Justice System and 99 Solutions." 19/
To save characters and electrons, each of my ideas will follow this format:
PROBLEM 
<-- numbered 1 - 99 for ease of reference.
CATEGORY HERE <-- identifies component of criminal justice system reform impacts (i.e. court).
PROBLEM STATEMENT
SOLUTION
Ready?
20/
PROBLEM <-- numbered 1 - 99 for ease of reference. CATEGORY HERE <-- identifies component of criminal justice system reform impacts (i.e. court).
PROBLEM STATEMENT SOLUTIONReady?
20/
PROBLEM 
POLICE
Lack of Accountability Abolish Qualified Immunity which shields police from claims of Constitutional violations.https://www.vox.com/2020/6/9/21284270/qualified-immunity-rogue-cops-justin-amash-8-cant-wait-supreme-court-justice-in-policing
and also: https://www.npr.org/2020/06/15/876853817/supreme-court-will-not-re-examine-doctrine-that-shields-police-in-misconduct-sui
PROBLEM 
POLICE
Lack of Trust Body Worn Cameras reduce complaints of police misconduct and use of force reports, significantly. And all without increasing costs!
more benefits here: https://www.ncjrs.gov/pdffiles1/nij/grants/251416.pdf
PROBLEM POLICE
Lack of Transparency; police use camera evidence against infraction defendants when favorable but do not share this evidence with the accused when not favorable. Everyone criminally prosecuted should receive body worn camera evidence pre-trial.
PROBLEM 
POLICE
Limitations on discovery of body worn camera footage by the public and watchdog groups is overly restrictive. Hold community discussions on the topic and permit review of footage by outside watchdog groups.
PROBLEM 
POLICE
Code of Silence; good officers are discouraged from speaking out publicly against bad officers by department policy and peer intimidation. Support whistleblowers. Department support of EPIC: Ethical Policing is Courageous. https://thephiladelphiacitizen.org/ethical-policing-philly/
PROBLEM 
POLICE
Infiltration of Law Enforcement by White Supremacists Fire officers who associate with white supremacists groups. see
https://www.theguardian.com/us-news/2019/dec/13/how-us-law-enforcement-is-failing-to-police-itself and see https://cpb-us-e1.wpmucdn.com/blogs.uoregon.edu/dist/9/13250/files/2017/11/doc-26-white-supremacist-infiltration-1-110a4e4.pdf
PROBLEM 
POLICE
Lack of Diversity in Police Departments Instructions on "Creating a Multicultural Law Enforcement Agency: An Intentional Priority" see https://www.policechiefmagazine.org/creating-a-multicultural-law-enforcement-agency/ and see https://www.governing.com/topics/public-justice-safety/gov-police-department-diversity.html
PROBLEM 
POLICE
Police-centric training is non-responsive to community needs and fails to adequately prepare trainees. Empower Community-Led Police Training. For a checklist of how to create, see: https://reformtransform.org/policy-reforms/community-led-police-training/
PROBLEM 
POLICE
Consent Searches target minority populations disproportionately. Prohibit police from basing authority to search a vehicle solely on the officer obtaining the consent of the owner or occupant of the vehicle. @ACLU See
https://www.aclu-md.org/sites/default/files/field_documents/hb_1133_consent_search_ban.pdf
PROBLEM POLICE
Black people 4.1x more likely than white to be arrested by SDPD for drug possession, despite research showing black and white people use and sell drugs at similar rates. Solution impose a moratorium on pretext stops. See https://www.sandiegonaacp.org/2019/12/16/the-mayor-and-the-san-diego-police-department-fails-to-address-cab-concerns/
PROBLEM POLICE
Motorhomes of poor residents targeted by police for repeated ticketing and towing because they are deemed ugly and contributing to visual blight. Prohibit tow of vehicles used as residence as cruel and unusual. Invalidate "visual blight" policy.
PROBLEM POLICE
Zero Tolerance policing undermines trust and cooperation between police and citizens in low-income urban communities of color. Reject Zero Tolerance policing strategies. See
https://www.rand.org/pubs/tools/TL261/better-policing-toolkit/all-strategies/zero-tolerance/in-depth.html
PROBLEM POLICE
Community partnerships of 90s were supplanted with fear and suspicion post 9-11Community policing "Police departments would benefit from an increased focus on strategies that promote positive police–public interactions." See https://www.pnas.org/content/116/40/19894
PROBLEM POLICE
Leon good faith exception renders mistakes of officers without remedy when warrant approved by a judge and removes incentive of officers to get warrant details right. Extend remedy of exclusion to mistakes by officers. See https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=6993&context=ylj
PROBLEM POLICE
Eliminating the knock and notice requirements and allowing late night service of search warrants poses dangerous risk of death & injury in the execution of the warrant and targets minorities. Prohibit No-Knock Warrants. See https://www.pbs.org/newshour/politics/the-war-on-drugs-gave-rise-to-no-knock-warrants-breonna-taylors-death-could-end-them
PROBLEM POLICE
"Knock and Talks" tactic dangerous and coercive. Prohibit police from basing authority to search a residence solely on the officer obtaining the consent of the owner or occupant. See https://le.alcoda.org/publications/files/KNOCKandTALKS.pdf and see https://www.orlandosentinel.com/news/os-xpm-2010-10-02-os-knock-and-talk-procedures-20100922-story.html
PROBLEM POLICE
False Confessions reveal police interrogations can psychologically manipulate innocent persons into altered reality. Prohibit custodial interrogations without an attorney present and prohibit Reid-style interrogation. See https://www.newyorker.com/magazine/2013/12/09/the-interview-7
PROBLEM POLICE
Police should not be advising persons of their Constitutional rights nor seeking to override those rights without counsel.Persons must pass "Know Your Rights" quiz in school to show they know these and other rights. See, also, solution to problem 17.
PROBLEM POLICE: Use of Force
Failure to employ techniques of de-escalation contributes to fatal police shootings. Train officers on techniques of de-escalation and promote their reliance on police use of force continuums. See https://www.thecut.com/2016/07/deescalation-policing-works.html
PROBLEM POLICE: Use of Force
Carotid Restraint used too often unnecessarily and improperly and carries high risk of death and injury. Ban Carotid Restraints. Most agencies have already done so. This one is a gimme and a no-brainer. See https://www.cnn.com/2020/06/10/world/police-policies-neck-restraints-trnd/index.html
PROBLEM POLICE: Use of Force
Subjective standards allow for unnecessary police shootings predicated on an officer's honestly-held but mistaken belief. Train and require police only use deadly force when both reasonable and necessary. See
https://www.npr.org/2019/08/19/752364459/new-california-law-says-police-should-kill-only-when-necessary
PROBLEM POLICE: Use of Force
Avoidable risk of death during arrest. Vastly reduce discretion of police to make custodial arrests requiring citation in lieu of arrest for most non-violent offenses. See https://www.bjs.gov/content/pub/pdf/ard0309st.pdf and see https://www.theiacp.org/sites/default/files/all/c/Citation%20in%20Lieu%20of%20Arrest%20Literature%20Review.pdf
PROBLEM POLICE
The nature of policing is isolating and trauma-inflicting. Suicide leading cause of all officer deaths. Reduce the stigma and disincentives to seeking help and promote early, continuous mental health interventions. See https://abcnews.go.com/Politics/record-number-us-police-officers-died-suicide-2019/story?id=68031484
PROBLEM POLICE
Testilying. So systemic, cop perjury has it's own term. Prosecute and fire police officers who commit perjury, unseal court findings, produce body worn camera evidence and so much more. See https://www.nytimes.com/2018/03/18/nyregion/testilying-police-perjury-new-york.html and see https://www.voiceofsandiego.org/topics/public-safety/body-cam-footage-shows-cop-gave-false-testimony-in-homeless-case/
PROBLEM POLICE
Brady's List: prosecutor's private list of bad cops with credibility issues. Subjects officers to harm if no due process. No list. After opportunity to be heard, fire officer whose misdeeds cost them their credibility. See https://www.policeone.com/legal/articles/brady-lists-ignite-conflicts-between-police-and-prosecutors-management-and-the-front-line-jaBRldmLu8wSdPnN/
PROBLEM POLICE
Police discipline records hid or destroyed because of union protections.Prohibit as void for public policy contract provisions that hide records of discipline or permit its punitive consequence to be swapped for sick pay. See https://www.reuters.com/investigates/special-report/usa-police-unions/
PROBLEM POLICE
Failure to test rape kits degrades and devalues rape survivors and permits rapists to remain undetected and free to rape again. Test every rape kit collected. See http://www.endthebacklog.org/backlog/what-rape-kit-backlog and see https://arizonadailyindependent.com/2018/04/22/state-getting-convictions-as-it-slowly-works-through-rape-kit-backlog/
PROBLEM POLICE
Rape accusations rarely false yet infrequently believed.Police training to understand neurological reasons for disbelief. Designate trained & capable agents to interview, not interrogate. Also see solution to Problem 17. See https://slate.com/news-and-politics/2013/06/why-cops-dont-believe-rape-victims-and-how-brain-science-can-solve-the-problem.html
PROBLEM POLICE
Adults view black children as older and less innocent than white children. At age of 13, black children perceived to be adults. Bias Awareness and Reduction Training; Court Ombudsman. See https://www.law.georgetown.edu/news/black-girls-viewed-as-less-innocent-than-white-girls-georgetown-law-research-finds-2/ and see https://www.apa.org/news/press/releases/2014/03/black-boys-older
PROBLEM PROSECUTOR
Lack of Accountability Eliminate absolute immunity which shields prosecutors from claims of Constitutional violations. See https://www.acslaw.org/expertforum/after-40-years-is-it-time-to-reconsider-absolute-immunity-for-prosecutors/ and see https://www.themarshallproject.org/2018/03/13/let-s-put-an-end-to-prosecutorial-immunity
PROBLEM PROSECUTOR
95% of prosecutors are white, and 83% male; 60% of all prosecutors offices in the country have no black prosecutors. Hire more women and minorities, fewer white and legacy hires. See https://www.npr.org/sections/itsallpolitics/2015/07/08/420913118/does-it-matter-that-95-of-elected-prosecutors-are-white and see https://wholeads.us/justice/wp-content/themes/phase2/pdf/key-findings.pdf
PROBLEM PROSECUTOR
Training of new trial deputies is on-the-job, creating inequities for accused, victim and court due to lack of competency. New trial deputies should first get experience prosecuting infractions, which carry no jail time, before misdemeanors.
PROBLEM PROSECUTOR
Withholding favorable evidence from the accused. Err on over-inclusion and early disclosure. Remove and prosecute prosecutors who withhold evidence favorable to the accused. See https://theappeal.org/the-epidemic-of-brady-violations-explained-94a38ad3c800/ and see https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1535&context=lawfaculty
PROBLEM PROSECUTOR
Deliberate ignorance. Looking the other way instead of confronting constitutional violations by officers.Appear in infraction court and review filings and body worn camera evidence for Constitutional compliance. Identify violations and remediate.
PROBLEM PROSECUTOR
Plea Bargaining: cheap, fast, but not good. End plea bargaining OR provide all discovery before plea. No deals conditioned on waiving right to contest wrongful government misconduct. See
my prior thread:https://twitter.com/objkshn/status/1271859090889641987?s=20
PROBLEM PROSECUTOR
Overcharging. Uses threat of criminal prosecution for non-supported charges to coerce a plea to the substantiated charges in complaint. Convince prosecutor to stop overcharging. See https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1609&context=facpubs and see https://www.ncjrs.gov/pdffiles1/Photocopy/67947NCJRS.pdf
PROBLEM PROSECUTOR
Allowing defendant to plead guilty without admitting guilt but to take advantage of plea opportunity. Alford/West plea. Practice permits state to escape liability for wrongful convictions. Prohibit practice. See https://www.theatlantic.com/politics/archive/2017/09/what-does-an-innocent-man-have-to-do-to-go-free-plead-guilty/539001/
PROBLEM PROSECUTOR
Cash bail disadvantages poor & minorities who are not dangers to the community and not convicted of any crime. End cash bail. See
https://bailproject.org/after-cash-bail/ and see
PROBLEM PROSECUTOR
Diversion, while advantageous to guilty & rich, can exclude poor, sweep innocent persons into net and hide bad police conduct. Fee waivers, full discovery & other protections. https://www.nytimes.com/interactive/2016/12/12/us/law-quiz-criminal-justice.html Seemy prior thread: https://twitter.com/objkshn/status/1271869908037468160?s=20
PROBLEM PROSECUTOR
Unholy allegiance with criminal informants. Restrict reliance on criminal informants. Fire and prosecute prosecutors who withhold informant discovery. Remove camera from office during informant's conjugal visit. See https://www.innocenceproject.org/informing-injustice/
PROBLEM PROSECUTOR
Gang Injunctions radically depart from Constitutional Due Process and permanently limit the otherwise legal activities of black and brown youth without evidentiary support. Dissolve Gang Injunctions@ACLU_NorCal
See
https://www.aclunc.org/sites/default/files/asset_upload_file595_9124.pdf
PROBLEM PROSECUTOR
Political donations and endorsement of prosecutor by police unions create an appearance of impropriety and potential for conflict. Prohibit all prosecutors from seeking or accepting political or financial support from law enforcement unions.
PROBLEM PROSECUTOR
Prosecutors who seek to "win-at-all-costs," who engage in prosecutorial misconduct, creating wrongful convictions and perverting justice in the process. Expose, fire, disbar and prosecute these rogue prosecutors.See
http://www.usa-the-republic.com/items%20of%20interest/Win_At_All_Cost/Win_at_all_costs.htm
PROBLEM PROSECUTOR
Prosecutors use Peremptory Challenges to remove all black jurors from jury venire. Rule of Law feeble in its response. Abolish Peremptory Challenges for ProsecutorsSee
https://www.vox.com/videos/2018/10/12/17968090/how-racism-shapes-jury-selection and see https://theappeal.org/the-power-of-peremptory-strikes/
PROBLEM DEFENSE COUNSEL
Attorneys are mostly white. Obstacles often prevent black attorneys from social justice careers. Increase minority law school pipeline initiatives, expand public defender minority recruitment, and more. See
https://www.theguardian.com/world/2015/may/11/why-the-us-needs-black-lawyers
PROBLEM DEFENSE COUNSEL
Training of private defense bar is on-the-job, creating inequities for accused due to lack of competency. New attorneys should gain trial experience defending infractions pro bono as these are less serious yet target minority populations.
PROBLEM DEFENSE COUNSEL
Insane caseloads preclude effective representation. Limit caseloads, reduce prosecutions, change culture, budget increases parallel to police & prosecutor increased funding. See https://www.americanbar.org/groups/legal_aid_indigent_defendants/indigent_defense_systems_improvement/publications/case_guidebook/ and see https://www.motherjones.com/politics/2013/05/public-defenders-gideon-supreme-court-charts/
PROBLEM DEFENSE COUNSEL
Funding disparities deprive defendants of necessary investigative and expert services and to which the prosecutor has access. Shared services and adequate funding for ancillary services be made widely available to indigent defense bar.
PROBLEM DEFENSE COUNSEL
Legal-centric representation of indigent clients neglects effect of collateral consequences.Holistic Defense including social work results in positive outcomes and cost savings. See https://www.bronxdefenders.org/holistic-defense/ and see https://www.rand.org/pubs/research_briefs/RB10050.html
PROBLEM DEFENSE COUNSEL
Standard to sue for legal malpractice, actual innocence, shields the defense attorney from claims of Constitutional violations. This works like the immunity of police and prosecutors as few can prove exoneration. Scrap the standard.
PROBLEM DEFENSE COUNSEL
We're not doing enough as a profession to end pervasive racial inequity. Use your lawyer super powers. 
Speak up, litigate, advocate. Use the law and think outside the box. See https://www.nacdl.org/Article/June2018-HowDefenseAttorneysCanEliminat
PROBLEM DEFENSE COUNSEL
Pro per litigants' unfamiliarity with law shields constitutional violations from being raised. Defense counsel should volunteer time to represent infraction defendants and supervise certified law students, in local traffic court clinic.
PROBLEM COURT
Absolute Immunity shields judges from consequences for outrageous behaviors but no impediment to lawsuit could frustrate judicial independence. Relax standard to qualified immunity. See
https://www.longdom.org/open-access/the-sins-of-the-fathers-kids-for-cash-absolute-judicial-immunity-and--administrative-acts-2332-0761-1000162.pdf and see https://scholar.smu.edu/cgi/viewcontent.cgi?article=2191&context=smulr
PROBLEM COURT
Vast majority of judges at all levels and in all jurisdictions are white and getting whiter. Appoint more minority judges. See
PROBLEM COURT
There are four times the number of judges with prosecution experience than defense. Appoint and elect more judges with criminal defense experience. See https://www.cato.org/publications/studies/are-disproportionate-number-federal-judges-former-government-advocates#why-it-matters
PROBLEM COURT
Nationally, diversity in jury pool not reflective of community. Alter laws and jury selection methods. Make achieving diversity in the venire, not just striving for it, a priority. See
https://www.americanbar.org/groups/litigation/committees/diversity-inclusion/articles/2015/lack-of-jury-diversity-national-problem-individual-consequences/
PROBLEM COURT
Junk Forensic Science masquerading as evidence leads to wrongful convictions. More rigorous controls on scientific evidence and opinion testimony by experts. See https://www.innocenceproject.org/forensic-science-problems-and-solutions/ and see this video: https://www.pbs.org/wgbh/frontline/film/real-csi/
PROBLEM COURT
Mistaken eyewitness testimony is leading cause of wrongful convictions. Expert testimony; better identification procedures; jury instructions; corroborating evidence. Seethis video: https://www.ted.com/talks/elizabeth_loftus_how_reliable_is_your_memory?language=en and seethis video https://www.dailymotion.com/video/xq1p3e
PROBLEM COURT
Courtroom shackling detainees. Shackling only when there is an individual need, not for convenience and economy. See https://theappeal.org/orange-county-sheriff-shackling-prisoners/#:~:text=Yesterday%2C%20a%20judge%20ordered%20the,shackling%2C%E2%80%9D%20the%20order%20states.
PROBLEM COURT
Lack of Judicial Accountability for "Black Robe Syndrome" Independent Review Board with authority to impose discipline; publication of disciplined judges' actions and consequences.See
https://www.nola.com/news/courts/article_278f83de-25c6-11ea-a8c1-ff3562324659.html
PROBLEM COURT
Lack of Access to Justice Improve remote access; support pro bono counsel; devise non-judicial means to achieving justice. See https://www.amacad.org/daedalus/access-to-justice and see https://www.americanbar.org/groups/legal_aid_indigent_defendants/resource_center_for_access_to_justice/
PROBLEM COURT
Anti-Terrorism and Effective Death Penalty Act (AEDPA) limits the ability of federal courts to remediate violations of the Constitution via habeas corpus. Repeal or revise AEDPA. See https://www.newyorker.com/news/news-desk/the-destruction-of-defendants-rights and see https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=4668&context=caselrev
PROBLEM COURT: APPELLATE
Failure to remediate constitutional violations by labeling them as Harmless Error. Apply Chapman with rigor, stop defending unconstitutional convictions, pass legislation. See https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6192&context=jclc and see https://theappeal.org/harmless-error-explained/
PROBLEM COURT: JUVENILE
School-to-Prison pipeline pushes children in minority and disadvantaged backgrounds into prison.End the over-criminalization of children.See
http://www.justicepolicy.org/news/8775 and see https://www.aclu.org/issues/juvenile-justice/school-prison-pipeline and seevideo:
PROBLEM COURT: JUVENILE
Prosecution of juveniles as adults ignores the biological & neurological limitations of juvenile brain. Raise the Age of juvenile court jurisdiction. See
https://www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/child_law_practice/vol-34/august-2015/understanding-the-adolescent-brain-and-legal-culpability/ and see http://www.justicepolicy.org/uploads/justicepolicy/documents/raisetheagesummary_final_3_6_16.pdf
PROBLEM COURT: JUVENILE
LGBTQ youth are over-represented in juvenile justice system. Close youth prisons, create community-based alternatives to youth detention, reduce systemic discrimination.See
https://www.lgbtmap.org/file/lgbtq-incarcerated-youth.pdf and see https://www.advocate.com/commentary/2018/10/29/how-juvenile-justice-system-failing-lgbtq-youth
PROBLEM COURT: JUVENILE
10,000+ children are being detained in adult jails and prisons. Create community based alternatives to youth detention; prohibit youth confinement in adult institutions youth detentions follow PREA standards.See
https://www.prearesourcecenter.org/training-technical-assistance/prea-101/juvenile-facility-standards
PROBLEM COURT: SENTENCING
Mass Incarceration is inhumane, expensive and counter-productive to crime reduction. Vastly reduce incarceration and corrections co-dependency. Decarceration strategies. Create community alternatives. See
https://www.sentencingproject.org/publications/decarceration-strategies-5-states-achieved-substantial-prison-population-reductions/
PROBLEM COURT: SENTENCING
Problem Solving Courts proliferate and promise reductions in recidivism but effectiveness unproven. Remain open-minded to therapeutic and holistic remedial alternatives without threat of judicial sanction. See https://theappeal.org/are-problem-solving-courts-impeding-progress/
PROBLEM COURT: SENTENCING
Stigmatic Shaming denies human dignity and is counter-productive to restoring social bond with community. Eliminate stigmatic shaming sentencing strategies and consequences. See https://www.criminallegalnews.org/news/2019/mar/6/can-we-fight-crime-public-shaming/ and see https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4788463/
PROBLEM COURT: SENTENCING
Despite positive outcomes in restorative justice programs in juvenile court and other countries, not yet expanded to adult offending in the US. Expand Restorative Justice strategies to adult criminal court. See https://www.pbs.org/newshour/nation/states-consider-restorative-justice-alternative-mass-incarceration
PROBLEM COURT: SENTENCING
Reliance on criminal fines & fees by courts as revenue source creates conflict of interest and overburdens the poor. Reduce or eliminate criminal justice fines and fees.See
https://finesandfeesjusticecenter.org/articles/municipal-fines-and-fees-a-50-state-survey-of-state-laws/ and see https://finesandfeesjusticecenter.org/campaigns/counties-and-cities-for-fine-and-fee-justice/
PROBLEM COURT: SENTENCING
Expungement relief from collateral consequences of conviction granted infrequently and with limitations. Simplify expungement process, expand its availability and its benefits. See https://ccresourcecenter.org/state-restoration-profiles/50-state-comparisonjudicial-expungement-sealing-and-set-aside/ and see https://www.americanprogress.org/issues/criminal-justice/reports/2020/04/15/483264/expunging-clearing-criminal-records/
PROBLEM COURT: SENTENCING
Conviction of a crime for being in public space & engaging in acts of survival is cruel & unusual; homelessness disproportionately impacts minorities & women. End the criminalization of homeless persons. See https://digitallibrary.un.org/record/1302425?ln=en
PROBLEM COURT: SENTENCING
The Death Penalty is cruel and unusual, inhumane, prohibitively expensive, disproportionately impacts minorities and does not deter murder. Abolish the Death PenaltySee
https://files.deathpenaltyinfo.org/documents/pdf/FactSheet.f1591881221.pdfand see
https://www.amnestyusa.org/10-reasons-to-abolish-the-death-penalty/
PROBLEM CORRECTIONS
Lack of Accountability Abolish Qualified Immunity which shields correctional officers from claims of Constitutional violations.See
https://www.newsweek.com/prison-inmate-qualified-immunity-protect-officials-constitution-civil-rights-723943 and see https://www.brennancenter.org/our-work/analysis-opinion/qualified-immunity-scourge-prison-reform and see https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3663&context=bclr
PROBLEM CORRECTIONS
Lack of LGBTQ diversity in corrections agencies contributes to homophobic responses toward inmates & coworkers.Hire/elect more LGBTQ; bias training.See
https://www.tandfonline.com/doi/abs/10.1080/10439463.2016.1238918?journalCode=gpas20 and see https://www.comingoutfrombehindthebadge.com/stories-gaypolice-gayfire-gayems/meet-commander-david-myers/ and see https://www.lgbtmap.org/file/lgbt-criminal-justice-poc.pdf
PROBLEM CORRECTIONS
Rising jail deaths signal a failure of primary Correctional goals: Care, Custody & Control. More observation, better safety precautions, psychiatric services. facility design + more.See
https://thecrimereport.org/2019/04/24/texas-deaths-in-pretrial-custody-soared-in-2018-study/and see
https://www.sandiegouniontribune.com/news/watchdog/story/2019-09-19/dying-behind-bars-san-diego-county-jail-deaths
PROBLEM CORRECTIONS
Corrections cannot achieve primary goals of care, custody & control with COVID-19 contagion. Release all prisoners. $0 bail, furlough, commutation, and electronic monitoring.See
https://www.texastribune.org/2020/06/08/texas-prison-coronavirus-deaths/ and see video:
PROBLEM CORRECTIONS
"Constitutional Sheriffs" selectively enforce the law and violate individual rights to appease majority. Remove renegade Sheriffs whose selective enforcement violates civil rights.See
https://theappeal.org/the-power-of-sheriffs-an-explainer/ and see https://www.politico.com/magazine/story/2017/09/01/joe-arpaio-pardon-sheriffs-movement-215566
PROBLEM CORRECTIONS
Private Prisons compromise quality of care, custody and control in exchange for profit. Prohibit privatization of prisons.See
https://www.aclu.org/banking-bondage-private-prisons-and-mass-incarceration and see https://www.nytimes.com/2018/04/03/us/mississippi-private-prison-abuse.html and see https://www.sentencingproject.org/publications/private-prisons-united-states/
PROBLEM CORRECTIONS
Solitary Confinement inflicts trauma and is counter-productive to goals of care, custody and control. Restrict and/or ban Solitary Confinement. See
https://www.vox.com/future-perfect/2019/4/17/18305109/solitary-confinement-prison-criminal-justice-reform and see https://www.knowablemagazine.org/article/society/2018/hidden-damage-solitary-confinement and see https://solitarywatch.org/wp-content/uploads/2011/06/fact-sheet-solitary-confinement-and-the-law.pdf
PROBLEM CORRECTIONS
Prisoners exploited for profit by private businesses. Free phone calls, minimum wage, abolish slavery.See
https://www.prisonpolicy.org/blog/2017/04/10/wages/ and see https://slate.com/news-and-politics/2018/10/origin-prison-slavery-shane-bauer-american-prison-excerpt.html and see https://www.npr.org/transcripts/884989263 and see https://www.csindy.com/coloradosprings/jail-vendors-make-millions-from-inmates-families-on-snacks-and-phone-calls/Content?oid=19920455
PROBLEM CORRECTIONS
Criminalization of private debt; incarceration to satisfy criminal and civil obligation. Abolish Debtor's Prison. See
https://www.aclu.org/report/pound-flesh-criminalization-private-debt and see http://www.cohsf.org/Punishing.pdf and see https://www.aclu.org/report/penny-rise-americas-new-debtors-prisons?redirect=prisoners-rights-racial-justice/penny-rise-americas-new-debtors-prisons and see https://www.aclu-wa.org/questions-and-answers-about-legal-financial-obligations-lfos
PROBLEM CORRECTIONS
Shock Incarceration strategies don't deter crime or lower recidivism.Use only evidence-based strategies. End boot camps and shock incarcerations. Cancel "Beyond Scared Straight." See
https://www.americanprogress.org/issues/general/news/2012/02/08/11108/doing-what-doesnt-work/ and see http://www.inquiriesjournal.com/articles/689/a-multi-state-analysis-of-correctional-boot-camp-outcomes-identifying-vocational-rehabilitation-as-a-complement-to-shock-incarceration
