Legislators propose measures seeking justice for all

Delaware’s Legislative Black Caucus released a package of changes to Delaware’s criminal justice system June 10 that includes banning police choke holds, ending the release of juvenile mugshots and requiring that all police officers wear body cameras.

“We represent the people, and the people are speaking loudly that they want justice for all,” said Congresswoman Lisa Blunt Rochester, one of about 60 leaders and legislators in attendance as the racial justice legislation was announced at Legislative Hall. Gov. John Carney, leaders of both the House and the Senate, and state leaders attended the event as the legislation was unveiled.

Speaker of the House Rep. Pete Schwartzkopf, D-Rehoboth Beach, who served in the Delaware State Police for 25 years, said he is not sure when the mentality of us vs. them began with police, but it needs to end now.

“Power is supposed to be limited, and it’s not supposed to be abused,” he said. “I put on the uniform to help people, not hurt them.”

Legislators were mostly Democrats, but a few Republicans also supported the changes.

Republican Sen. Ernie Lopez, R-Lewes, agreed that it’s time for action, not complacency.

“Let’s get this done,” he said.

Attorney General Kathy Jennings said she supports changes for more transparency. 

“We have to change the things that haven’t been changed in the state for decades,” she said.

In particular, she said, she wants a database listing police officers who have been disciplined, and a change to the Delaware Law Enforcement Officers Bill of Rights that would allow criminal defense lawyers to access internal affairs investigation records for officers accused of wrongdoing. Jennings said she would also like the information to be available to the public.

“We’ve got to do the uncomfortable things,” she said. “I want police to understand what people go through.”

Jennings said a standing state policy of passing out military-grade equipment to police organizations across the state is under the control of Delaware Emergency Management Agency. She said she believes the policy will be changing. “It already has started to change,” she said.

The Justice for All agenda introduced June 10 includes:

• Passing 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. 

• Establishing 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 five years. 

• Banning knee holds, choke holds 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 cameras be used by all law enforcement agencies in Delaware and mandating these devices be activated from the beginning to the end of all interactions with suspects or witnesses. 

• Prohibiting Delaware law enforcement agencies from releasing photographs of juvenile defendants. 

• Requiring all Delaware law enforcement agencies video record all interrogations of juvenile suspects and defendants except under certain circumstances. 

• Amending 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.
• Establishing 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.