As laws that govern criminal justice are mostly enacted at
the state or federal level it might not be readily apparent what can be done at
the local level – including by those with political power or educational power as
mayors, local council or committee members or school board members. However there are several ways that local
governing bodies and even individual local elected officials and board members
as well as candidates can have positive impact on the Decarceration struggle. This piece will offer some suggestions as to
the kinds of things that can be done.
There are probably many other additional actions and measures that can
be taken to aid this progress.
Mayor / Council /
Committee
A council can pass a
resolution supporting, for example, NJ Decarceration Act we had proposed
calling for 50% reduction in NJ’s incarceration, as well as other decarcerating
measures. Of course that would include
issuing a press release and notifying the entire NJ legislative body and the
governor about the resolution and urging action.
A council and mayor can direct the police to focus attention
away from nuisance behavior issues, cannabis and other low level drug
enforcement, stop and frisk /broken windows policies of police enforcement,
etc.
The mayor and council / committee can pull the files of the
police to look for racial determinants in how they arrest, who they arrest, how
they charge, how many charges they press for similar crimes, what they dismiss
and do not dismiss – a total statistical analysis to determine where racial
factors and other unsavory police practices are being applied. The purpose should be two-fold – to make
staff corrections (reductions possibly which could provide savings) and apply other
corrective measures and secondly to identify those whose lives were adversely
affected and take legal action to get them relief from possible unjust
convictions and sentencing.
The mayor and council / committee can research the local
residency and citizenry and identify those that are incarcerated and families
who have members that are incarcerated.
The local governing body members can reach out to the families and offer
to help them seek redress if there were possibly racial factors or other
unsavory factors applied in their incarceration or if they are incarcerated for
minimalist crimes that should not result in incarceration. They can assist in advocacy for amnesty and
commutation.
Police budgeting issues need to be reviewed with an eye toward shifting resources toward providing youth services and other services that meet the community needs and improve the quality of local life.
Local judges and prosecutors can be interviewed before
hiring to assure that they are not mass incarcerators and that they can apply
leniency when appropriate. The practice
of sentencing those who can not afford fines should be ended. While bail reform is pending, local courts
can implement the measures sooner and stop requiring bail from indigent
defendants on low level crimes immediately instead of awaiting for the bail reform
implementation. This would also provide
savings in jail costs.
The idea of using criminal justice fines assessment as a
revenue source needs to be completely abandoned.
The mayor and council can assure that requests for Decarceration
activities on streets and in public buildings are approved quickly without too
much red tape or attempts to tax free speech through imposition of fees for
street usage, for example.
The local governing body can itself provide organizing for
panel discussions and other events where the issue of mass incarceration is
opposed.
When there are cases of corruption in the courts or the
police station among police, the local governing body needs to assure that all
cases that were tainted by the corruption.
In the case of a police officer, cases need to be evaluated to determine
if there still would have been a guilty verdict without the evidence proffered
by the corrupted officer. The city needs
to take legal action to provide relief to those incarcerated due to such flawed
evidence. Same if a judge or prosecutor
is determined to be corrupt – the cases they presided over need to be reviewed
and sentencing relief provided in such cases.
The onus is on the city to take the legal action to bring about the
relief if it was the city’s employees that have been proven to be corrupted.
This list is a work in progress – if you have more ideas for the list call or text 908-881-5275 or write Decarc@DecarcerateNJ.org .
This list is a work in progress – if you have more ideas for the list call or text 908-881-5275 or write Decarc@DecarcerateNJ.org .
We will be consolidating the above into a petition to local governing bodies and be starting one in each city where we are doing work.
The following are
suggested actions of school boards:
Develop a decarceration curriculum and integrate it into social
studies including history of the mass incarceration, discussions around what interests
it serves, the entities that profit from it both in a for profit and federal, state
and local run system, the 13th Amendment incarceration exclusion
maintaining enslavement of the incarcerated and the growing struggle
challenging same, conditions in NJ and US systems, the racial dynamics
including NJ nationally leading 12:1 statistic in the likelihood of
incarceration for it’s Black vs. white residency.
Another curriculum change needed is the subject of Individual Rights Awareness. This is especially true because in one way or another – local school districts are managing their discipline handling in a way that involves police and county prosecutors. All too often youths are able to tricked by police into incriminating themselves – often about things they really have no connection to, ending up with lengthy incarceration terms. Students need to be taught what their rights are, how to assert their rights, the law and history of such individual rights.
Another curriculum change needed is the subject of Individual Rights Awareness. This is especially true because in one way or another – local school districts are managing their discipline handling in a way that involves police and county prosecutors. All too often youths are able to tricked by police into incriminating themselves – often about things they really have no connection to, ending up with lengthy incarceration terms. Students need to be taught what their rights are, how to assert their rights, the law and history of such individual rights.
Work with teachers to encourage the creation of
Decarceration student advocacy chapters to plug into statewide and national
efforts. Assure that the board and the
superintendent are supportive and that the groups get full recognition but
without any attempts by the administration to control the political positions
taken by the groups.
Support students who express a decarcerating message or a
message about racialized policing through their art or otherwise through their
school project work. Stand up to police
union bullies that try to force administrative action against the students and
their teacher.
When teachers like Marylin Zuniga allow students –
regardless of the grade level – to do a decarcerating action like writing a get-well
letter to an incarcerated man or woman who is facing deteriorating health due
to medical neglect – support her and defend her instead of allowing some leader
of an out of state cop union whose organization is wrought with corruption,
violence, racism, etc. to force a local board to join in a political lynch mob
against the teacher.
This list is a work in progress – if you have more ideas for
the list call or text 908-881-5275 or write Decarc@DecarcerateNJ.org .
Individual
Representatives / Campaigning for Election
Of course as an individual, you can urge the governing body
you are part of to take the above suggested actions, all, one or some of
them. It is best to do so publicly to
put it on the record where you stand.
You can also help motivate your constituents to participate – to form a
local Decarceration committee to work on Decarceration projects. You can write statements as an individual
supporting legislative action or events like NJ’s September 9 Solidarity
efforts.
This all goes for those campaigning for office. However in that case you should make clear
that you are going to continue to fight for Decarceration whether you are
elected or not – and of course you should follow through on that election year
pledge in either case.
No comments:
Post a Comment