2021 Debates: What to Ask Governor Candidates About Criminal Justice Reform
Amidst a historic civil rights movement focused on criminal justice reform, we need to know which candidates support the movement & which will allow it to stagnate. Here are the questions we'd like answered from Terry McCauliffe, Jennifer Carroll Foy, Jennifer McClellan, Justin Fairfax, and Lee J. Carter.
Agree or disagree: Virginia’s criminal legal system has caused untold harm to people and communities of color—harm that must be undone, through reforms that prioritize racial justice and equity. Assuming you agree, what’s your plan?
What is restorative justice? Do you support it, and if so, what would you do to move Virginia’s justice system toward a more restorative justice model?
Substance use disorder is a disease, not a crime. With that in mind, why is possession of narcotics a felony offense? Should it even be a crime? Do you support defelonization and eventual decriminalization of drug possession? If so, under what conditions?
Governors have virtually unlimited clemency powers to provide relief to Virginians serving unjust, harsh sentences. As Governor, will you use those powers to pardon people who can safely return to society? What steps will you take to help the wrongfully convicted?
For Gov. McAuliffe, why did you not pardon William Morva, who was profoundly mentally ill & may not have even known why he was being executed? Why did you allow DOC to obtain lethal injection drugs in secret? Do you regret these decisions? Why/why not?
Will you support legislation allowing Virginians harmed by police or corrections officers to sue and recover damages in state court without facing immunity defenses? Do you support ending qualified/sovereign immunity?
Do you support bringing back a system of parole?
Similar to safe reporting of overdoses, will you support safe reporting of mental health crises that would prohibit charging felony assault on a LEO when responding to such a call? Would you support repealing the mandatory minimum for assault on LEO?
The US has 5% of the world’s population but 25% of its prisoners. Politicians love to talk about reducing sentences for nonviolent crimes, but that’s not what drives mass incarceration—excessive sentences for “violent” crimes does that. Is this a problem? What can be done?
Under the current marijuana legalization bill, juvenile pot use remains a delinquent offense, much like underage possession of alcohol. Do you support addressing underage use of alcohol and marijuana OUTSIDE of the juvenile delinquency system?
Two bills aimed to restore independent oversight to Virginia’s prison system failed this year, but lawmakers agreed to study them. Do you support appointing an independent ombudsman to oversee VDOC to investigate complaints and conduct regular inspections of state facilities?
Would you support a review within or outside of the behavioral health department regarding the practices related to the civil commitment of so-called “sexually violent predators”?
Perhaps due to their lack of traditional political influence, criminal justice reform advocacy groups have often been excluded from policymaking processes. How can the executive branch do a better job incorporating the expertise & practical experience of the advocacy community on these issues?
What do you see as the problems with cash bail? How do we go about ending cash bail and replacing it with a better model of pretrial justice?
In the same bill legalizing marijuana, Virginia passed additional funding for police. Research suggests that additional funding of this type will lead police to merely replace marijuana arrests with different arrests for other minor conduct. How can we expect to end the war on drugs if we’re increasing police budgets?
What is your plan to begin dismantling the school to prison pipeline?
In order to stop using police/prisons to address drug use and mental illness, we must dramatically rebuild and expand treatment infrastructure—more detox facilities, treatment programs, therapists and counselors. Where does this fall for you in terms of budget priorities?
Public defenders are dramatically under-resourced and underfunded compared to their prosecutorial counterparts. In some Virginia jurisdictions they make as much as 40% less on average. Why is pay parity important, and are you committed to supporting pay parity as governor?
The General Assembly passed legislation in 2021 to expand The Court of Appeals. None of the current judges spent their careers as public defenders, legal aid lawyers, or civil rights lawyers. What will you do to ensure professional diversity on the bench?
Can any of you give a single policy reason to abolish some mandatory minimum sentences, but not all of them? And will each of you commit to pushing for full abolition in 2022?