Criminal and Social Justice Reform
Brendan’s plan for police accountability, justice reform, and expanded protections
The tragic and senseless death of George Floyd has heralded in a global conversation about both the relationship our law enforcement agencies have with the communities they serve and the taxpayers who fund them, as well as the genuine, centuries-old, deeply entrenched systemic racism that pervades our American society. These conversations are truly long overdue, and especially in the realms of police, criminal, and social justice reform, there is a lot that we need to improve. Especially here in Michigan. Marching together with my neighbors in Rochester and Rochester Hills these past few weeks has given me tremendous hope that our conversations are genuine and that policymakers already in office are prepared to get serious about the actionable steps needed to make our world a better place.
When I go to Lansing and I reflect on the 2020 Black Lives Matter movement, this is the plan I’m taking with me:
Police Reform
Establish a Michigan Police Misconduct Database for the purpose of recording officers who have criminal convictions, have been fired or forced to resign, have had their law enforcement licenses revoked or suspended, or have been named in a judgment or settlement involving misconduct (with an indication on whether they have used excessive force among other related indicators). This will illuminate a data-starved policymaking void, allowing lawmakers to make better rules about policing. It will also help mitigate the practice of subpar officers moving from town to town after being fired and rehired, in a vicious cycle.
Demilitarize the Police. As evidence continues to mount that a 1997 Pentagon program, which allows the federal government to supply military weaponry to state and local police departments, has dramatically increased the deadliness of police force, it is time we reconsider our law enforcement agencies’ spending. Michigan has received at least $52,914,999 in equipment since the beginning of the program, and the Oakland County Sheriff Department has received $4,677,884.70. Weapons of war do not belong on the streets of Rochester.
Urge Michigan’s Congressional delegation to end qualified immunity for police officers who commit misconduct and crimes on the job. For far too long, too many “bad apple” cops have been allowed to hurt the people they serve because they know they face none of the legal repercussions that the rest of society faces.
Mandate mental health alternative transfer availability for 911 calls. According to the Treatment Advocacy Center at least one in every four people killed by police has a serious mental illness. At a small fraction of the cost, in 2019, a model program in Eugene, Oregon transferred 17 percent of all 911 calls to a non-profit mental health group, saving countless lives.
Ban law enforcement from using real-time facial recognition technology without a warrant, barring exigent circumstances. This technology, which is evolving far more quickly than policymakers can keep up with, is an invasion of privacy and has been shown to be imprecise, resulting in false positives – especially among Asian, African American, and Native American populations.
Criminal Justice Reform
End our discriminatory cash bail system. Pretrial detainees make up more than 70 percent of the U.S. jail population — approximately 536,000 people. Many of them are only there because they can’t afford bail. Further, bail practices are racially discriminatory, with Black and Latino men assessed significantly higher bail amounts than white men for similar crimes. Other states, like New Jersey and Kentucky, have transitioned to alternative pretrial programs to astounding success.
End the use of flat-rate fines for civil infractions, and instead tie all fines to a multiple of the state’s set minimum hourly wage or the derived hourly wage of the infractor. In addition to making our streets safer, this proportional structure is an example of cutting-edge policy reform to make our criminal justice system more equitable.
Outlaw the operation of for-profit, private probation services, and revert all cases to State case workers. The privatization of probation services to a few select companies has created a predatory environment that traps poor Michiganders in an endless cycle of debt, and feeds corporate profit lines off valuable, limited state revenue.
Reduce Arrests for Failure to Appear and Failure to Pay. We need to end mass incarceration, and failure to appear in court and failure to pay are the most common reasons for arrest in Michigan. Poverty is not a crime, and we can better treat this issue as a state by reducing fine amounts, tying fines to income-based figures rather than flat rates, offering alternatives such as community service, and encouraging innovative debt forgiveness incentives for those who make consistent fine payments.
Strengthen the Constitutional right to a speedy trial. While the United States and Michigan Constitutions both guarantee criminal defendants the right to a speedy trial, many Michiganders have been incarcerated for up to four years while awaiting trial. The State should require that defendants be tried within 18 months of arrest, absent waiver, acquiescence, or agreement by the defendant. Defendants should not have to actively assert their speedy trial rights in order to preserve them.
Streamline and simplify the expungement process. The Legislature should streamline the expungement process for individuals with misdemeanor and low-level felony convictions. By eliminating steep legal fees, the need for a lawyer, and providing easy accessibility, we can more efficiently get Michiganders out of jail when their previously committed crimes are no longer crimes. For example, there are still over 235,000 Michiganders in jail for low-level marijuana use and possession, in a state that has legalized it recreationally. Only about 6% of people with marijuana charges on their record have participated in the current expungement process because of the time and expenses involved.
Social Justice Reform
Expand Michigan’s Civil Rights Act to include protections for the LGBT community. For over 30 years, efforts have been made to attempt to amend our Elliott-Larsen Civil Rights Act to add sexual orientation and gender identity or expression to the existing protected classes within the Act. No Michigander should lose their job or home because of whom they love.
Ban conversion therapy. Michigan is one of only 29 states where this traumatic practice is still legal. The physical and mental health ramifications of conversion therapy among queer youth are well-document, and the practice is known to be a prime exhaserbating factor for suicide rate among queer youth.
Enable prosecutors to treat hate crimes like hate crimes. The Legislature should expand the Ethnic Intimidation Act of 1931 to include “sexual orientation” and “gender identity.” The State of Michigan collects data on these groups, but they are not included in the definitions of hate crime. In 2018, the most recent year for which data is available, Michigan saw 70 sexual orientation and 12 gender identity incidents but could prosecute none of them as hate crimes. Michigan ranks 5th highest for hate crimes, behind California, New Jersey, New York, and Washington.
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