Delaware Black Caucus, government leaders announce Justice For All Agenda

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The Delaware Legislative Black Caucus on Wednesday announced a Justice For All Agenda that has support from the governor’s office, Attorney General, and others.

The agenda, among other things, would ban police knee and chokeholds except in extreme cases and end delays over the use of body cameras. A knee hold by a Minneapolis Police officer led to the death of George Floyd. Protests over police brutality have continued for nearly three weeks. 
 
The Justice For All Agenda includes proposals that seek to protect Delawareans from discrimination, create model policies, and enhanced accountability for police departments throughout the state and set the stage for future social justice reforms, a release stated.
 
“We, as the Delaware Legislative Black Caucus, are acutely aware of our policymaking role, and the opportunity before us to improve public systems and eliminate the disparate impact felt by black and brown Delawareans served by them,” the caucus said in a joint statement.
 
“In this moment, we believe our actions to do so will speak much louder than our words. As such, we’re presenting the following Justice for All Agenda to work with our colleagues to expand our efforts beyond what is already underway and respond to the urgency we feel ourselves and see expressed by our constituents.”
 
The agenda announced Wednesday is the result of a collaborative effort between the Delaware Legislative Black Caucus, leaders of the General Assembly, the Governor’s Office, the Delaware Department of Justice, the Office of Defense Services, and other groups.
 
“It’s our obligation as leaders and elected officials to make sure that the relationship between law enforcement and communities of color in Delaware improves. And it’s our obligation to get serious about addressing the issues of inequality that are giving rise to racial justice demonstrations in Delaware and across our country,” said  Gov.  John Carney. “The anger and frustration are real. We should recognize the ugly history around race in Delaware and across our country, and work together in good faith to make meaningful change.”
 
“Systemic racism is alive and well in America. This is a time of tremendous pain for our country, particularly for Black and Brown Americans who have suffered a seemingly endless march of brutality and tragedy,” Attorney General Kathy Jennings said. “But it’s a time of equally tremendous hope. It has been decades since I’ve seen a moment like this – one where righteous anger is married to the motivation for timely change. I am in awe of what I am witnessing in our country – and I know the gravity of our decisions in this moment. This is not a time for bunker mentalities or for special interests to hold sway. It’s time for us to capture this moment, to show the courage to change, and to prove that Black lives matter to us.”
 
The Justice for All Agenda includes, but is not limited to, the following: 

  • Passage of Senate Bill 191, the first leg of an amendment to the Delaware Constitution that would explicitly make protection against discrimination on the basis of race, color and national origin a fundamental right.
  • Establishment of an African American Task Force entrusted with exploring the disparities experienced by people of color throughout Delaware and proposing remedies to address those inequities, including a commitment to significant, restorative investments in historically Black communities over the next 5 years.
  • Banning knee holds, chokeholds and similar acts of applying force or pressure against the trachea, windpipe, carotid artery, or jugular vein unless deadly force is necessary.
  • Requiring that body camera devices be used by all law enforcement agencies in Delaware and mandating that those devices be activated from the beginning to the end of all interactions with suspects or witnesses.
  • Prohibiting Delaware law enforcement agencies from releasing mug shots or other photographs of juvenile defendants.
  • Requiring that all Delaware law enforcement agencies video record all interrogations of juvenile suspects and defendants except under certain circumstances.
  • Amending to the Delaware Law Enforcement Officers Bill of Rights to allow criminal defendants’ legal counsel to receive internal affairs investigation records of law enforcement officers accused of wrongdoing.
  • Establishment of a Law Enforcement Accountability Task Force made up of a wide range of stakeholders, including police officers and impacted citizens, assigned with considering additional issues and proposals regarding the use of force, civil rights protections, transparency and community policing.

The work of both task forces proposed in the Justice For All Agenda would extend beyond the 150th General Assembly.
 
Several members of the General Assembly and others voiced support  for the Delaware Legislative Black Caucus’s agenda. 

“The conversations that we are beginning today are going to be difficult and uncomfortable for many of us to have, but we must have them. These discussions have to be painful to be meaningful. We must make the changes that thousands of Delaware residents are demanding right now,” said House Speaker Pete Schwartzkopf. “I believe that the steps we are discussing today have the potential to be transformative. Instead of incremental change, we can work together to take bold leaps forward toward a more just and equitable system for all. It won’t be perfect, and it will be messy at times, but we must be honest and continue working toward our goal.” Schwartzkopf is a retired Delaware State trooper.

“Wilmington has heard the voices calling for change and reform,” said Wilmington Mayor Mike Purzycki. “The massive worldwide movement to eliminate egregious police actions against people of color will continue until there is more respect and understanding for each other through policies and actions that produce racial justice. No person of color should ever have to fear a police officer or expect anything but equal treatment and justice. Wilmington’s policing policies are open for review, and while we have already implemented widely accepted policing standards, we will continue to make additional changes as needed.”

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The Group Delaware for Police Oversight issued the following statement that indicated the reforms don’t go far enough.

We acknowledge the initiatives announced at today’s press conference, but hold true that more must be done in order to hold law enforcement accountable. We can certainly appreciate the commitment to the expansion of juvenile protections, as well as a commitment to body cameras statewide. However without guaranteed access to recorded footage, and a full-throated committal to the implementation of a statewide ​citizen-led ​ community Review Board with full investigative and subpoena powers, these proposals do close to nothing to address the systemic problems which give law enforcement such an outsized and unwarranted power to begin with.

The task force is being commissioned to explore the possibility of a Community Review Board is both run by a former officer and is expected to have multiple members of law enforcement on it. It should be said in no uncertain terms that voting members of this task force should consist of a majority ​ of private citizens. We can all agree on the importance of police input and testimony, but given today’s announcement, this taskforce runs the risk of being another empty promise.

Last night we witnessed a gross violation of our First Amendment right to speech, assembly, and press when peaceful protestors and journalists were arrested at the hands of Delaware State Police. It’s clear that without properly holding law enforcement accountable, they will gladly extend beyond the measures of their power. Our elected officials must do better. Our lives depend on it.

Troopers claimed the arrests occurred after protesters refused an order to move to the side of the road on Route 13 in Camden. The reporter, Andre Lamar was released and not charged. Troopers claimed the protesters. 

Gov. John Carney condemned Lamar’s detention, which came at the hands of a Dover Police officer. 

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