As recent events (George Floyd is just the most recent) have proven there are bad cops out there. People keep asking for change, but we are not talking about what kind of change. There are a lot of fairly well proven changes that need to be made to the US legal system. So here are the known ways we can fix real systematic problems with the US legal system and how it deals with both cops and civilians.
There are a lot of really bad arguments against these things that have been made. But harsh experience has demonstrated why these legal changes are necessary.
The police union must stop pretending that police are likely to be unfairly targeted. The honest truth is that cops give them special, advantageous treatment when investigating other cops, as do prosecutors and as do judges and juries. Yes, there might be a one in a million cop that is falsely accused and goes to jail, but that happens to innocent civilians every day. The cops have enough extra protection merely from the respect due the badge.
Bail has been thoroughly and repeatedly proven to not work. People accused of minor offenses show up. We have their ID, names, addresses, phone numbers, finger prints, and photos. They know this. Most importantly it is EASIER to arrest, charge and convict people for running from the law than it is to arrest them for minor offenses. Except for major crimes, it saves the state cash, the innocent suspects time and money when they do not have to spend time in jail. Yes, some times someone will end up on the street and do more crime. That happens already. And it will stop horrendous cases where innocent people are blackmailed by bad prosecutors to confessing to crimes they did not commit. Which currently happens more often than people committing major crimes after they get out of jail.
The state has routinely abused Civil forfeiture laws. They take money from people without proving their guilt. This needs to stop. If people have the right to demand payment in labor, it will end the major abuses WITHOUT causing real criminals to get away with it. Honestly, anyone willing to trade community service for the money is not a criminal - they make (or think they make) more money doing their crimes than community service would give.
The outright lies and deception used by cops and prosecutors needs to stop. It is illegal, but we look the other way. We need to stop doing that and treat it like the serious criminal offense it is.
- All accusations of criminal conduct by police will be investigated by a state agency whose sole job will be to investigate and prosecute police misconduct. Said employees will be judged on their conviction rate. They must begin each case within 3 days of being reported and must provide an initial public report within 1 week, with at a minimum an estimate of when it will be finished. At that date they must provide another report, and so on until the case is closed.
- Union or other employment contracts can not limit the state agency investigations in any way. You are entitle to a contract with your employer, not with other agencies. Police officers shall receive no rights in this investigation not granted to the general population.
- Bail will no longer be offered at all. The judge may decided to release or not to release, and should they not release and the prosecutors asks for a single continuance, then the suspect must be released. If you do not have enough evidence to charge, do not arrest them. Prosecutors need to do their job on time and quickly.
- The state may not sell or take possession of property unless the owner has been notified of the trial and is allowed to present a case against the taking.
- When a judge declares any taking - whether it be a fine or any other taking of property, the owner may decide to pay said penalty in community service rather than property. Said penalty may not exceed 800 hours of community service per year.
- The refusal to testify, attempt to destroy evidence or prevent evidence from being created or collected (including video evidence created by criminals) shall be grounds for immediate dismissal of any officer of the law, regardless of whether or not any crime occurred. This specifically includes pleading the Fifth Amendment. The state may not use that against you in court, but is not required to employ you as an officer of the law.
- The intentional destruction of evidence or keeping evidence from a defense lawyer by a prosecutor shall be considered felony perjury.
There are a lot of really bad arguments against these things that have been made. But harsh experience has demonstrated why these legal changes are necessary.
The police union must stop pretending that police are likely to be unfairly targeted. The honest truth is that cops give them special, advantageous treatment when investigating other cops, as do prosecutors and as do judges and juries. Yes, there might be a one in a million cop that is falsely accused and goes to jail, but that happens to innocent civilians every day. The cops have enough extra protection merely from the respect due the badge.
Bail has been thoroughly and repeatedly proven to not work. People accused of minor offenses show up. We have their ID, names, addresses, phone numbers, finger prints, and photos. They know this. Most importantly it is EASIER to arrest, charge and convict people for running from the law than it is to arrest them for minor offenses. Except for major crimes, it saves the state cash, the innocent suspects time and money when they do not have to spend time in jail. Yes, some times someone will end up on the street and do more crime. That happens already. And it will stop horrendous cases where innocent people are blackmailed by bad prosecutors to confessing to crimes they did not commit. Which currently happens more often than people committing major crimes after they get out of jail.
The state has routinely abused Civil forfeiture laws. They take money from people without proving their guilt. This needs to stop. If people have the right to demand payment in labor, it will end the major abuses WITHOUT causing real criminals to get away with it. Honestly, anyone willing to trade community service for the money is not a criminal - they make (or think they make) more money doing their crimes than community service would give.
The outright lies and deception used by cops and prosecutors needs to stop. It is illegal, but we look the other way. We need to stop doing that and treat it like the serious criminal offense it is.
