NDAA Policy Recommendations on Improving the Criminal Justice System.

• Author: Bunk, Nelson O., Jr.
• Position: National District Attorneys Association

The murder of George Floyd has sparked a national conversation on reforming policies governing the criminal justice system to ensure all Americans are treated equally under the law. Prosecutors across the country are proud to serve with the over 800,000 sworn law enforcement officers in this great nation, who stand for, represent, and defend our communities. But, we are emphatically in the accountability profession, and it is appropriate after any tragic failure that we re-examine how we can constantly improve law enforcement and prosecution policies and practices to be better both individually and systemically.

No matter how much the law enforcement community may believe that it is deserving of the public's trust, we accept that trust must be earned, and we are committed to doing what we can, with what we have, from where we are, to re-earn the trust that has been lost. Therefore, our membership recognizes now is not the time for an incremental approach and we join in the call for reforms that will have real impacts in addressing racial bias and systemic inequality within our justice system. In doing so, we hope to build on the innovative and productive approaches by our members that have had such positive results in their own communities.

As Federal, state, local, and tribal lawmakers take steps to ensure the effective and fair administration of justice, NDAA recommends the following policy guidelines to assist lawmakers in the urgent challenge of improving the law enforcement community as it serves the public good.

ADOPTING BEST PRACTICES IN INDEPENDENT INVESTIGATIONS AND APPOINTMENTS OF PROSECUTORS

Our members recognize the importance of avoiding conflicts of interest to ensure an investigation into the potential criminal misconduct of a law enforcement officer is conducted with integrity and independence. Thus, prosecutors should take reasonable steps to avoid conflicts when investigating those law enforcement agencies in their jurisdictions that they interact with on a daily basis. NDAA is supportive of enacting systems and providing resources to allow a state or local prosecutor to transfer jurisdiction when appropriate. However, we are concerned about calls for special appointments of prosecutors or automatic transfers to a State Attorney General's office. The elected prosecutor of the jurisdiction involved is in the best position to seek justice for the members of that community; indeed, that prosecutor has been elected by the constituents to do precisely that. In cases where a special prosecutor may be necessary, these appointments can involve incentives that violate the principles of fairness...