DOVER, Del. (AP) - Democratic elected officials are proposing a variety of criminal justice reforms to address what they believe is systemic racism in Delaware’s criminal justice system.
The proposals unveiled Wednesday include mandatory use of police body cameras, a ban on chokeholds and similar restraints unless deadly force is necessary, and a constitutional amendment to explicitly prohibit discrimination based on race, color or national origin.
Lawmakers also want to rewrite the Delaware Law Enforcement Officers Bill of Rights to give attorneys for criminal defendants access to internal affairs records of police officers accused of wrongdoing. Such records are considered confidential but can be obtained by a plaintiff in a lawsuit claiming injury stemming from a police officer’s breach of his duties.
Democratic Attorney General Kathy Jennings has separately called for amending that bill of rights to allow for greater accountability and transparency in investigations of alleged police misconduct. Jennings acknowledged Wednesday that changing what she described as the “sacrosanct” law, which outlines due process rights for police officers facing possible disciplinary proceedings, will likely face strong opposition from the law enforcement community.
“I have met with the police, I have said the things I need to say to them about the changes we need to do,” she said at news conference outside Legislative Hall sponsored by the Legislative Black Caucus. “It ain’t gonna be easy.”
Other proposals in what lawmakers are calling a “Justice for All Agenda” include prohibiting police from releasing mugshots of juvenile defendants and requiring video recordings of interrogations of juvenile suspects and defendants. Lawmakers also want to establish a Law Enforcement Accountability Task Force to consider issues including the use of force and community policing.
They also are calling for an African American Task Force to study disparities experienced by minorities and propose remedies, including “restorative investments” in historically black communities.
“We have to change the things that haven’t been changed in this state in decades,” Jennings said.
Democrats have controlled the state Senate since 1974 and state House since 2008. Their control of the governor’s office dates to 1993, and they have held the attorney general’s office since 2005.
“For me, it’s not a time to be pointing fingers, Democrat and Republican, frankly,” said Democratic Gov. John Carney. “It’s a time for all of us to look internally as Delawareans.”
“We don’t choose when we serve, but we’re measured by how we serve,” he added. “I think this will be a moment we will all be measured against.”
Brendan O’Neill, who oversees the state public defender’s office as head of the Office of Defense Services, said Delaware’s criminal justice system “is racist, is unfair and unbalanced.”
“The reforms that we’re considering now, that are being proposed, are baby steps in a long journey toward meaningful criminal justice reform,” he said.
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