California Attorneys for Criminal Justice (CACJ) is working with legislators to reform the system
If you have ever been involved with the California criminal justice system, either as a defendant or a family member, you are likely all too familiar with the many problems and challenges associated with it. From sky high bail rates that prevent all but the wealthiest individuals from being released from jail to juries lacking diversity, it often seems impossible for individuals to achieve any type of actual justice. A group of California criminal defense attorneys, both in private practice and public defenders, are working to change this reality.
The California Attorneys for Criminal Justice (CACJ) has introduced a package of legislative proposals that seek to address racial bias in both law enforcement and the judicial system. According to a criminal defense attorney in Orange County, CA, the California Law Enforcement Accountability and Community Justice Act is designed to address the flaws in the criminal justice system that result in people of color being incarcerated at a disproportionate rate.
This proposal contains six elements:
- Establish the California Justice Commission, which would have the authority to investigate, bring charges, and prosecute cases involving police abuse in California. The attorneys on the Commission would act as special prosecutors to handle police abuse cases.
- Expand Civilian Review Board authority to allow these boards to conduct investigations, subpoena witnesses and information, and bring administrative actions against individual law enforcement officers.
- Create the Law Enforcement Responsibility Act, which would allow for criminal charges against police officers who do not intervene when another officer is committing a serious or violent felony in their presence, and allow victims of police abuse to sue individual police officers and departments.
- Expand the use of body cameras in California and expand access to the recordings.
- Reduce bias in jury selection, through the enactment of AB 3070.
- Restore voting rights to individuals serving parole through a ballot referendum to amend the constitution (ACA 6).
Taken together, these proposals — if they became law — would significantly change the way that the criminal justice system in California operates. In particular, having an independent California Justice Commission would ensure that a third party investigates allegations of police abuse, instead of the very law enforcement agency charged with committing the abuse.
As a criminal defense attorney in Orange County, CA can explain, two of these proposals have already moved forward. First, the legislature enacted AB 3070, which changes the way that attorneys can use peremptory challenges in the jury selection process. This type of challenge allows lawyers to excuse a juror without stating a reason and without court approval. It is often used for challenges based on race. Under AB 3070, the other party in the case would be able to object to the use of this type of challenge, and certain reasons given for a challenge are presumed invalid.
Second, the Legislature approved a referendum to be put on the ballot in November that will ask voters to approve a constitutional amendment that would restore voting rights to individuals on parole. Currently, people on probation can register to vote and vote, but people on parole are prohibited from doing so.
If you have been charged with a crime, the Chambers Law Firm will advocate for your rights. Reach out to us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense attorney in Orange County, CA.
