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Herring outlines priorities for criminal justice, policing reform

mark herringAttorney General Mark Herring has outlined his priorities for criminal justice and policing reforms that will reduce brutality and abuses of power by law enforcement, increase transparency, accountability, justice, and equality, and address disparities throughout the criminal justice system from policing to re-entry.

“Virginia cannot have different systems and standards of justice depending on the color of a person’s skin,” said Herring. “Ours must be a Commonwealth where justice, equality and opportunity are guaranteed for each and every person, no matter where they live, what they look like, how they worship, who they love, or how much money they have.

“We know that African-Americans and Virginians of color experience the criminal justice system differently at every level from policing through prosecution and into re-entry. It is documented and undeniable. That’s a hard thing to admit, but it’s even harder to experience. It means that we are failing in one of our most foundational responsibilities as a country and a Commonwealth: to ensure that all men and women are truly treated equal.

“This moment has given us an opportunity like none I can recall in my lifetime to truly focus on how we create a criminal justice system that meets our public safety goals in a way that ensures justice and equality for all. Those of us who have been frustrated by the pace of change in previous years now have the benefit of open minds and a broader recognition of the change that is needed in this country to ensure that Black lives matter, and that the criminal justice system is oriented around justice and safety, not simply control or oppression.”

In the upcoming special session, Herring will be supporting the following measures:

Police Reform:

  • Enable the Attorney General of Virginia to conduct “pattern and practice” investigations
  • Modernize, standardize, and elevate the rigor of police training
  • Department of Criminal Justice Services should be required to develop within the year a new basic training curriculum in conjunction with the Office of Attorney General
  • Current law enforcement officers must have 21stcentury policing skills included in their annual in-service training curriculum
  • Make it easier to remove bad officers from the law enforcement profession
  • Expand police decertification criteria to include misconduct, not just criminal convictions.
  • Establish a more robust database of officer discipline, terminations, and decertification.
  • Ban rehiring of officers who are fired for misconduct or excessive force, or who resign during an investigation into misconduct or excessive force.
  • Create a “duty to intervene” for law enforcement officers.
  • Ban or limit dangerous, unnecessary, and potentially deadly police tactics
  • Empower localities to establish citizen review panels
  • Require the use of body worn cameras by all law enforcement officers
  • Require law enforcement agencies and prosecutors to engage an independent agency or Commonwealth’s Attorney to conduct investigations and make prosecutorial decisions

Criminal Justice Reform:

  • Cash bail reform
  • Expanding opportunities for record expungement and simplifying the process
  • Continued momentum toward legal, regulated adult use of cannabis and resolve past convictions