ISPS-Criminal-Justice-Reform-Clearwater-Bar-Journal

REFORMING THE CRIMINAL JUSTICE SYSTEM PROGRESS AND CHALLENGES TABLE OF CONTENTS Executive Summary Overview Legislative Attempts The Criminal Justice Reform: Progress and Challenges Program Objectives Issue Question Recommendations Summary Contributors Appendix A: References Executive Summary EXECUTIVE SUMMARY At the onset of Summer 2020, a spotlight was cast so bright that national attention shifted away from a global pandemic The death of George Floyd resurfaced the on-going examination of racial disparity in the criminal justice system and sparked a series of protests aimed at impacting the political discourse surrounding social justice reform The Institute for Strategic Policy Solutions (ISPS) at St Petersburg College (SPC), is dedicated to advancing academic excellence, community engagement, economic vitality, and public understanding through high-quality, solutions-directed, non-partisan public policy programs Its purpose is to enrich the educational experience, engage with local government to promote unity and efficiency, facilitate economic activity, and involve citizens in their college and government At its core, ISPS strives to provide a forum for public policy debates to help unpack key issues and facilitate a communal understanding of the information and dialog surrounding such topics In this spirit, ISPS hosted The Criminal Justice Reform: Progress and Challenges, a community forum with civil rights attorney Benjamin Crump, Sixth Judicial Circuit Public Defender Elect Sara Mollo and lead community partner, the Fred G Minnis, Sr Bar Association Legal collaboration for this event included The Barney Masterson American Inn of Court, Clearwater Bar Association, George Edgecomb Bar Association, Pinellas Association of Criminal Defense Lawyers, Pinellas Latin Bar Association, St Petersburg Bar Association, and Stetson University College of Law This paper presents the criminal justice reform recommendations from the June 23, 2020 Criminal Justice Reform: Progress and Challenges forum ISPS aligned in mission programming presents the collective recommendations from attorneys who participated in our ISPS end of program survey The program received CLE credit from the Florida Bar Reference Number 2004014N, Title Criminal Justice Reform Progress and Challenges, Level Intermediate, Approval Period 06/23/2020- 12/31/2021 OVERVIEW An objective approach of data collection can be used to facilitate conversations and inform measures of social justice reform These data-driven discussions provide insight to the levels of disparity and helps focus target policy decisions that can improve the overall equity of the criminal justice system According to an equity profile of Pinellas County, there is a significant racial disparity in why minorities are arrested The data shows that blacks receive the charge of resisting arrest at twice the ratio of their white counterparts (Measuring Justice, One County at a Time) Moreover, 17 percent of whites who are convicted for non-violent felonies and have no past violent history receive a prison sentence, while 24 percent of blacks receive prison sentences (An Equity Profile of Pinellas County, p.58) These disproportionate charges get overlaid into the legal system and serve as a gateway to disproportionate sentencing as practitioners must interpret and follow the laws in-place and the precedents set These disparities are further magnified by the differences in opportunities for diversion programs between whites and their black counterparts To continue REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | 1 Executive Summary making progress towards remedying these inequities in the legal system, legislature must be put in place to provide legal professionals the ability to apply the law in a fair manner Pinellas County has a delicate and complex racial history like many others Institutions have been formed around this historical context driving racial inequities While progress has been made over time, the data shows that noticeable disparity still exists Given the political climate and appetite for meaningful change, now is the time to discuss solutions in a civil manner and make significant strides towards a fair legal system Pinellas County Commissioner Janet C Long encouraged her diverse community to gather and engage in community discourse with law enforcement and elected officials Specifically, she stated, “We don’t speak up because we just don’t know the right things to say to make it better and we don’t want to offend anyone That must end…” See, Commissioner Janet C Long District 1, Pinellas County Board of County Commissioners, Subject… Criminal Justice Reform, June 3, 2020 "Not everything that is faced can be changed, but nothing can be changed until it is faced." James Baldwin REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | 2 Legislative Attempts LEGISLATIVE ATTEMPTS The first step to the provision of an unbiased legal system is to ensure appropriate legislative policies are in place so that legal practitioners can effectively interpret the law to have fair and equitable outcomes Florida State Senator Jeff Brandes, who represents the Pinellas County area, has attempted on several occasions to introduce bills that address criminal justice reform legislation According to Florida Politics, the senator introduced 18 reform bills with the overall goal of giving judges more leeway with sentencing and programs While these efforts continue to introduce discussion into the political forum, the bills either died or were withdrawn (Irwin Taylor, 2020.) A repository of Florida State Senate archives shows several of these bills and the outcomes, including recent Senate Bills 550, 552, 554, 572, 1308 A synopsis of these bills is presented below: Senate Bill 550 (https://www.flsenate.gov/Session/Bill/2020/550-) Date Filed: 10/17/2019 Catch Line: Prison diversion program Outcome: 3/14/2020 o Indefinitely postponed and withdrawn from consideration o Died in Appropriations Subcommittee on Criminal and Civil Justice Senate Bill 552 (https://www.flsenate.gov/Session/Bill/2020/552) Date Filed: 10/17/2019 Catch Line: Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison Outcome: 3/14/2020 o Indefinitely postponed and withdrawn from consideration o Died in Appropriations Subcommittee on Criminal and Civil Justice Senate Bill 554 (https://www.flsenate.gov/Session/Bill/2020/554) Date Filed: 10/17/2019 Catch Lines: Prohibition on withholding adjudication in felony cases The Criminal Punishment Code Mitigating circumstances Recommended sentences; departure sentences; mandatory minimum sentences Outcome: 3/14/2020 o Indefinitely postponed and withdrawn from consideration o Died in Appropriations Senate Bill 572 (https://www.flsenate.gov/Session/Bill/2020/572) Date Filed: 10/18/2019 Catch Line: Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | Legislative Attempts penalties or mandatory minimum prison terms The Criminal Punishment Code Gaintime Extension of the limits of confinement; restitution by employed inmates Definitions to be used with respect to correctional work programs Outcome: 3/14/2020 o Indefinitely postponed and withdrawn from consideration o Died in Appropriations Subcommittee on Criminal and Civil Justice Senate Bill 1308 (https://www.flsenate.gov/Session/Bill/2020/1308) Date Filed: 12/20/2019 Catch Line: Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison Review of sentences for persons convicted of specified offenses committed while under the age of 18 years Release orientation program Determination of resident status for tuition purposes Outcome: 3/14/2020 o Indefinitely postponed and withdrawn from consideration o Died in Appropriations While these bills could have propelled substantive changes in the legal treatment of minorities, they all died in appropriations and have been withdrawn from consideration In light of the current challenges facing Pinellas County, many in the legal community support changes that could make a difference to criminal attorneys and those in the legal and law enforcement community This progress can make a difference in addressing racial bias in the criminal justice system REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | Recommendations THE CRIMINAL JUSTICE REFORM: PROGRESS AND CHALLENGES PROGRAM OBJECTIVES The objective of this paper is to provide recommendations from attorneys who practice criminal law and /or are impacting it through their practice The purpose of these recommendations is to guide the Florida legislature to the solutions which can provide remedies for the inequities in the justice system ISSUE The issue presented is whether state and local legal and law enforcement agencies, as well as the attorneys serving in the criminal system, have the appropriate tools to enact fair and equitable sentencing Data shows that at the point of arrest, there are disparities in the treatment of whites and minorities Part of the progress needed to eliminate this racial basis is to hold law enforcement officers accountable when misconduct in fact occurs and it is determined that there was excessive use of force in place in lieu of de-escalation tactics Legal professionals are required to interpret the law as it stands and in order to guide legal reform, a panel of criminal justice reform activists and attorneys participated in The Criminal Justice Reform: Progress and Challenges program and provided the recommendations in the subsequent section QUESTION The question posed to the Criminal Justice Reform Participants and Attorneys: “What recommendations would you provide to our congressional leadership regarding meaningful Criminal Justice Reform that would improve quality legal advocacy in Pinellas County?” RECOMMENDATIONS RESPONSES FROM PROGRAM PARTICIPANTS AND ATTORNEYS Recommendations - Appropriations Stop federal funding to buy military-grade equipment for police departments Stop federal funding linked to the amount of crime Fund mental health facilities Recommendations - Legal Re-examine and amend laws which were either created to, or have been enforced to, disproportionately effect minorities, i.e marijuana possession, simple drug possession and driving while license suspended REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | 3 Recommendations Eliminate the concept of “stacking” Eliminate Violent Career Criminal and Felony Murder Remove all qualifying crimes that are not actually violent for other sentencing laws that require an element of “violence” (Ex Car burglary) Require a hearing by a Judge in order to charge a juvenile as an adult Create parameters that provide transparency and accountability Require all government employees to take implicit bias training Provide more constitutional protections for citizens under the 4th Amendment Whren v United States, 517 U.S 806 (1996) and Carroll v United States, 267 U.S 132 (1925) Allow convicted felons who have completed their sentence and have not committed a crime in the last ten years to serve on juries Allow convicted felons to vote without creating additional restrictions 10 Revise Qualified Immunity in civil rights cases when law enforcement caused serious injuries and damages 11 Increase use of fines or forfeiture 12 Adjust sentencing guidelines and add community spokespersons in addition to practitioners and law professors for sentencing committees 13 Increase rehabilitation and constructive re-entry programs 14 Increase the number of judges in the county 15 Provide more resources for juvenile offenders Recommendations - Law Enforcement Assign one officer over a small portion of the area neighborhoods where the relationship between police and citizens can flourish Inform the community on their assigned officer Reorganize task forces to specify the level of danger they are facing and arm them accordingly Task Forces should focus on serving warrants on violent felony offenders, counterterrorism, and bomb threats REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | Recommendations Create an independent board that reviews complaints made against police officers, similar to the Florida Bar model for attorneys Require in-car cameras for all traffic stops by police Require body cameras for all police citizen encounters Require all law enforcement agencies to report Use of Force to one unified organization that is easily accessible REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | Summary SUMMARY As Martin Luther King Jr reminded us, “the arc of the moral universe is long, but it bends towards justice.” Change takes a long time, but it does happen Each of us who works for social change is part of the mosaic of all who work for justice; together we can accomplish multitudes ISPS seeks to provide insight to our congressional leaders on social, political, and economic issues that impact our community at the local, regional, state, and federal level The goal of this paper is to educate our leaders on the solution-oriented recommendations from our collective legal advocates Based on the collective voice, Pinellas County leaders would like to address bias in the judicial system and supports criminal justice reform of specific policies that have an unintended biased impact The community supports bias training to decrease profiling and enhance improvements within our judicial system The goal of St Petersburg College in part is to make strong communities Our SPC mission statement indicates that we will invest in the well-being and growth of our community by serving as a leader, a convener, and a catalyst for positive change We will maintain this commitment by creating strong partnerships, participating in civic learning and community engagement, and cultivating a community of care ISPS would like to thank our thought leaders and community partners: Sixth Judicial Circuit Public Defender Elect Sara Mollo and lead community partner, the Fred G Minnis, Sr Bar Association Our legal collaboration included The Barney Masterson American Inn of Court, Clearwater Bar Association, George Edgecomb Bar Association, Pinellas Association of Criminal Defense Lawyers, Pinellas Latin Bar Association, St Petersburg Bar Association, and Stetson University College of Law for this most meaningful conversation on Criminal Justice Reform Kimberly G Jackson, Esq Executive Director Institute for Strategic Policy Solutions, (“ISPS”) REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | Disclaimer Disclaimer The information provided does not reflect the specific views of ISPS Rather, the information is a summary based on the collective information received as a result of the Criminal Justice Reform Program on June 23, 2020 and the information obtained from legal surveys thereafter ISPS is committed to our mission of providing non-partisan content on social, political and economic issues REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | Contributors CONTRIBUTORS Kimberly Jackson is a native of Crete, Illinois She has her B.A from Spelman College in Political Science, J.D from Stetson University College of Law and MIPP from Johns Hopkins School of Advanced International Sciences She practiced locally in St Petersburg and gained a passion for nonprofit advocacy with family-oriented agencies Following her daughter’s diagnosis with Asperger's syndrome, she transitioned from her legal career to education Her journey at St Petersburg College was largely based on her commitment to equity She held the position of Political Science Chair prior to becoming the Executive Director of the Institute for Strategic Policy Solutions (ISPS) Kimberly is dedicated to generational equity in all areas She serves on the boards of the St Petersburg Free Clinic, The St Petersburg Chapter of the YMCA, Academy Prep, The Arts Alliance, The St Petersburg Arts Advisory, and The Council for Parents, Attorneys and Advocates for those with Disabilities (COPAA) Kimberly is active with the Fred G Minnis Bar Association, and is a member of St Petersburg Alumnae Chapter of Delta Sigma Theta Sorority Inc., The St Petersburg Chapter of the Links, Inc., and The Suncoast Chapter of Jack and Jill, Inc She is 2004 Graduate of Leadership St Pete While advocacy is her passion, she travels whenever she has the opportunity Patrick Luce is a native of Massachusetts He has his B.S in Finance and Economics from the University of Tampa and received his M.A in Economics from the University of South Florida He teaches courses in Microeconomics and Macroeconomics at St Petersburg College and focuses on the intersection of textbook concepts and real-world applications In addition to teaching, Patrick also consults with local governments and is regularly involved with conducting cost of service allocations, long-term financial planning analyses, bond feasibility studies and economic impact analyses throughout the United States Patrick is an advocate of capturing appropriate context and informing oneself with knowledge and data REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS | Appendix A: References APPENDIX A: REFERENCES “Measuring Justice, One County at a Time.” Measures for Justice, measuresforjustice.org/ “An Equity Profile of Pinellas County.” PolicyLink, www.policylink.org/resources-tools/anequity-profile-of-pinellas-county Janelle Irwin Taylor “Jeff Brandes Leading the Way on Criminal Justice Reform in 2020 Legislative Session.” Florida Politics - Campaigns & Elections Lobbying & Government., 13 Jan 2020, floridapolitics.com/archives/315214-jeff-brandes-leading-theway-on-criminal-justice-reform-in-2020-legislative-session “The Florida Senate.” Session - The Florida Senate, www.flsenate.gov/Session REFORMING THE CRIMINAL JUSTICE SYSTEM ISPS |