Call-for-Code / Embrace-Judicial-Reform

Emb(race): Judicial reform. From traffic stops and arrests to sentencing and parole decisions, use technology to better analyze real-world data, provide insights and make recommendations that will drive racial equality and reform across criminal justice and public safety.
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Additional recommended reading: “Forward Through Ferguson: A Path Toward Racial Equity" #24

Open amfred opened 4 years ago

amfred commented 4 years ago

Is your suggestion related to a problem? Please describe. I would also recommend that people who are coming up with ideas read the Ferguson Commission Report, a.k.a. “Forward Through Ferguson: A Path Toward Racial Equity" https://3680or2khmk3bzkp33juiea1-wpengine.netdna-ssl.com/wp-content/uploads/2015/09/101415_FergusonCommissionReport.pdf

What is your proposed solution? Read the report, especially these sections: CITIZEN-LAW ENFORCEMENT RELATIONS Working Group Co-Chairs: Commissioner Dan Isom Commissioner Brittany Packnett Desired Changes: Design accountability measures and policies that ensure law enforcement agencies serve and protect all citizens based on principles of: • Trust; • Mutual respect; • Transparency; • Cultural competence; and • Justice Topics Explored: • Use of Force • Civilian Oversight • Anti-Bias & Cultural Competency • Accreditation & Accountability • Community Policing • Public Demonstration • Special Prosecution • Officer Wellness • Use of Technology Review the full list of calls to action from this working group in the “Calls to Action” section of the report.

MUNICIPAL COURTS AND GOVERNANCE Working Group Co-Chairs: Commissioner Traci deVon Blackmon Commissioner T.R. Carr Desired Changes: Just governance aimed at restoring community trust and enforcing laws in fair and intended ways with a focus on: • Restorative justice and equity; • Judicial independence; • Fiscal responsibility; and • Transparency Topics Explored: • Uniform List of Rights • Informing Public on Court Procedures and Individual Rights • Failure to Appear Charges • Ability to Pay Hearings • Restorative Justice • Alternatives Sentences • Establishment of Alternative Community Service • Conflict of Interest Review the full list of calls to action from this working group in the “Calls to Action” section of the report.

What is the impact of your solution The report is the result of countless hours of thoughtful discussions between community leaders in the wake of the Ferguson uprising just a few years ago. It includes concrete steps we can take to address racial issues. Maybe we can help a bit here.

amfred commented 4 years ago

A couple of relevant bits:

“ Establish Use of Force Database Direct the state of Missouri to establish a statewide data- base on critical use of force statistics in order to improve department operations, state policy, and the public at large. The database must be publicly available, and in keeping with current sunshine laws, ensure a degree of anonymity that would not identify specific officers’ involved. All police departments across the state shall be compelled to provide requested information. Proposed information would include: [The following language is based on IACP model policy]: • A complaint log; • A central file for complaints in a secured area and in conformity with records retention requirements of state law; • A regular audit of complaints to ascertain the need for changes in training or policy; • Use of force metrics identified in consultation with law enforcement officials and researchers • Statistical or related information to identify trends involving all complaints of excessive force and abusive authority; [The following language is based on the PERF report]: Prospective models for consolidated databases include the City of Ballwin in its operation of a “Document Center” locally and the Indiana Gateway for Government Unit’s online collection platform. Accountable body(ies): Department Executives, Missouri Legislature, Missouri Department of Public Safety, CALEA, MPCA”

amfred commented 4 years ago

“ SIGNATURE CALLS TO ACTION THAT ADDRESS SENTENCING REFORM: Eliminate Incarceration for Minor Offenses Municipal courts shall not incarcerate individuals for minor, nonviolent offenses. They should also not issue “failure to appear” warrants on such charges, as these often lead to incarceration. Accountable body(ies): Missouri Supreme Court, 21st Judicial Circuit, Municipal Courts Establish Alternative Sentencing Options Municipal courts shall establish effective alternatives to jail time, fines, and fees for violations of municipal ordi- nances, including payment plans and community service. Accountable body(ies): Missouri Department of Revenue, Missouri Supreme Court, 21st Judicial Circuit, Missouri Legislature Treat Nonviolent Offenses as Civil Violations Municipalities shall treat minor nonviolent offenses as civil violations rather than criminal cases. Accountable body(ies): Missouri Supreme Court, 21st Judicial Cir- cuit, Municipal Courts, Missouri Department of Revenue, Missouri Legislature Collect Municipal Court Debts Like Civil Debts Municipal courts shall collect debts in a manner consis- tent with other civil debts. Accountable body(ies): Missouri Supreme Court, 21st Judicial Cir- cuit, Municipal Courts, Missouri Department of Revenue, Missouri Legislature Create Community Justice Centers We strongly recommend that municipalities institute some form of community justice center that operates in con- junction with the municipal court for individuals charged with traffic violations and other types of violations who are unable to pay or otherwise in need. This communi- ty-based, municipal justice approach could include case management and social work services, providing judges and prosecutors with a broad range of alternative sen- tencing options (such as community service, community restitution, community mediation, and access to social services) and could help coordinate and cultivate new community service alternatives, as now required by law. Accountable body(ies): Missouri Department of Revenue, Missouri Supreme Court, 21st Judicial Circuit, Missouri Legislature, Circuit Courts”

amfred commented 4 years ago

See also: ENCOURAGING APPROPRIATE USE OF TECHNOLOGY IN CITIZEN-LAW ENFORCEMENT INTERACTIONS

ENCOURAGING EFFICIENCY AND TRANSPARENCY THROUGH ROBUST ADMINISTRATIVE STANDARDS AND RECORD KEEPING

INCREASING AWARENESS OF RIGHTS AND PROCEDURES

REDEFINING THE MUNICIPAL COURT RESPONSE TO NONVIOLENT OFFENSES

UTILIZING COMMUNITY-BASED ALTERNATIVES TO TRADITIONAL SENTENCING