Friday, October 9, 2020

2020 Democratic Platform Part 4: Protecting Communities and Building Trust by Reforming our Criminal Justice System

 

1.       We have more people behind bars, per capita, than anywhere else in the world

a.       we have criminalized poverty instead of making investments in education, jobs, health care and housing that are proven to keep communities safe and prevent crime

b.      prisons are overcrowded and punishments are inhumane

c.       we continue to punish the formerly incarcerated

2.       We need to overhaul the criminal justice system from top to bottom

a.       police brutality is a stain on the soul of our nation

b.      It is unacceptable that so many are afraid of the police

3.       We need to root out structural and systemic racism in our criminal justice system and our society

4.       break the school-to-prison pipeline

a.       work to prevent the disparate disciplinary treatment of children of color and children with disabilities in school settings

                                                              i.      https://www.pnas.org/content/116/17/8255

                                                             ii.      https://www.vox.com/identities/2018/4/5/17199810/school-discipline-race-racism-gao

b.      every school should employ guidance counselors, social workers, nurses, or school psychologists to solve issues, rather than turning to police

c.       If you aren’t old enough to drink, you aren’t old enough to be sentenced to life without parole

                                                              i.      federal government will incentivize states to stop incarcerating kids

                                                             ii.      develop community-based alternatives to prison and detention centers for youth, invest in after-school programs, community centers, and summer jobs to provide opportunities for young people at risk

                                                           iii.      children who enter the juvenile justice system should be given a true second change, including by automatically sealing and expunging juvenile records

1.       I am very much on board with all of this. This is in line with a sound understanding of child development. The reasoning centers of your brain are not fully developed until you are 25, and they are particularly unstable in the teenage years. It is absolutely unfair to incarcerate a teenager for life when their misconduct can largely be blamed on their underdeveloped brain. Have mercy, give them another chance.

5.       Ensure real accountability for individual and systemic misconduct in our police departments, reimagine policing

a.       establish strict national standards governing the use of force, including banning the use of chokeholds and carotid holds and permitting deadly force only when necessary and a last resort

b.      establish standards for “no-knock warrants”

c.       require officer training in effective nonviolent tactics, appropriate use of force, implicit bias, and peer intervention

d.      ban racial and religious profiling in law enforcement

e.       support the use of body cameras

                                                              i.      I absolutely respect the many good officers who work hard and are honorable in their jobs. That being said, I think there are some changes that should be made and they are not unreasonable. It is ok to hold to a high standard those we trust to protect our society. Here are some websites I found helpful to learn.

                                                             ii.      https://nixthe6.org/

                                                           iii.      https://www.joincampaignzero.org/contracts

6.       improve training and education for judges, corrections officers, prosecutors, public defenders, and police officers to ensure transgender and gender non-conforming people receive fair and equitable treatment in the criminal justice system

7.       End the “War on Drugs”

a.       has not been effective in reducing drug use

b.      support policies that change the approach to prevention instead of punishment

                                                              i.      Yes, love this

c.       https://www.sciencedirect.com/science/article/pii/S1870355016300039

8.       incentivize police departments to build partnerships with social workers and mental health and substance abuse counselors

a.       Absolutely. This is so important. There are so many times that officers are sent to deal with what is really a mental health situation and they are not properly trained or prepared to handle it. This is unfair to them as well as to the person they are sent to help.

9.       limit the sale and transfer of surplus military weapons to domestic law enforcement agencies (this is something Trump reversed)

10.   the law has protected police officers who violate civil and human rights and we need to make sure victims can get justice

a.       rein in the doctrine of qualified immunity

                                                              i.      https://www.lawfareblog.com/what-qualified-immunity-and-what-does-it-have-do-police-reform

11.   establish a national registry of officers who have been found to have abused their power

a.       I don’t really get why we don’t already do this. Why would we not want to know if there is someone who should not be doing their job because they did it badly before?

12.   increase funding for officer health and well-being, including personal safety equipment and mental health services

a.       So on board with this. Policing is a tough job, they absolutely should have access to mental health services to help them out.

13.   Substance use disorders are diseases, not crimes

a.       no one should be in prison solely because they use drugs

b.      we should decriminalize marijuana use

c.       support legalization of medical marijuana and states should be able to make their own decisions about recreational use

d.      all past criminal convictions for cannabis use should be automatically expunged

e.       support increased use of drug courts, harm reduction interventions, and treatment diversion programs

14.   Poverty is not a crime and should not be treated as one

a.       eliminate cash bail, no one should be imprisoned merely for failing to pay fines or fees

b.      Drivers’ licenses should not be revoked for unpaid tickets or simple violations

c.       increase funding for public defenders and Legal Services Corporation, so those who are unable to pay will still be able to obtain justice

15.   create new federal district and circuit judgeships to handle the rise in cases

16.   judges should be allowed to determine appropriate sentences, therefore, we oppose mandatory minimums

17.   end the federal sentencing disparity between crack and powdered cocaine (led to disproportionate imprisonment of people of color.)

18.   Abolish the death penalty

a.       I am on board with this. Just because a person deserves to die doesn’t mean we have the right to kill them. And there are so many people who have been wrongly executed, I don’t think we should keep taking that chance.

19.   support establishing an independent clemency board to ensure and appropriate, effective process for using clemency

20.   end the use of private prisons and private detention centers

21.   prisoners should have a meaningful opportunity to challenge wrongful convictions and unconstitutional conditions in prisons

a.       end solitary confinement

                                                              i.      Yes. This is absolutely awful for mental health. It’s inhumane.

b.      ban the use of restraints on pregnant federal inmates

c.       ban the use of chokeholds and carotid holds

d.      incarcerated people must not be denied access to vital medical care or unnecessarily exposed to disease, as has happened with COVID

22.   Pursue a holistic approach to rehabilitation, increasing support for programs that provide educational opportunities

a.       Democrats believe in redemption (This part I had to write because it made me almost cry. Redemption is such a wonderful word. Mercy. Kindness. That’s Christlike.)

b.      help those who have served their time re-enter society, earn a good living, and participate in our democracy as the full citizens they are.

c.       support the automatic expungement of certain criminal records for those that have been fully acquitted, wrongfully convicted, or pardoned by the executive

d.      stop the practice of reincarcerating people for technical violations of probation or parole

e.       formerly incarcerated should not be blocked from exercising their voting rights or accessing public services, including Pell Grants and nutrition assistance

                                                              i.      Continuing to punish a person after they have rejoined the community is both cruel and counterproductive!

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