Blake Shuart: Criminal justice reform should start at beginning

It turns out that, despite the steadfast efforts of his attorney general to revive the ill-fated war on drugs, President Trump is actually giving some consideration to criminal justice reform. Whether Trump is serious about enacting reform measures is an open question, but the fact that he is even listening warrants further discussion about what exactly reform could, and should look like.

While we tend to think of the prosecution, adjudication, sentencing and corrections phases of the criminal justice system most often when discussing reform, an individual enters the system when a crime is reported, police investigate and the suspect is arrested. Two bad things are happening across our country during this initial phase of the system.

First, our police officers are being subjected to extreme and unjustifiable risk. We all know that our police have a dangerous job, but it is difficult to conceive just how high the risks have become lately. For example, most police forces routinely use spike strips to abort vehicular pursuits. To deploy the device, officers must step into the direct path of the fleeing suspect, who is often high on drugs and traveling at extreme speeds. Unsurprisingly, things often do not end well, as the suspects either lose control of their vehicles or intentionally strike the deploying officer. Dozens of police have been killed in the process.

As we know, our police also face unprecedented scrutiny over the decision to discharge their weapons when engaging suspects. These are typically split-second, adrenaline-charged decisions. It would be difficult to quantify the extent to which this new wave of scrutiny is affecting high-risk police encounters with dangerous suspects, but it is not making the job safer for police.

The second problem is that suspects are being shot and killed by our police under highly questionable circumstances. We all know the most famous cases.

We devote an unbelievable amount of time and money in the United States to making sure our death-row inmates have had a fair shot before we execute them. Our government does not execute prisoners on a whim. But when our governmental killings are performed by police out in our streets, we are often not nearly as confident about the propriety of the decision.

If Trump really wants to reform our criminal justice system, he should start with the first stage of the process, so that our country is safer for police and civilians alike. He should gather the experts and determine whether the tools, policies and procedures used by police are adequately protecting them from unnecessary death and injury.

These experts should also examine prior cases to determine whether we’re training our police correctly as to how and when to discharge their weapons. These suspects have not yet been convicted of anything, and we should be reasonably confident about the propriety of their deaths, given the level of scrutiny we attach to the executions of those who have been convicted of capital offenses by fair and impartial juries. Yes, these are split-second calls, but that’s precisely why our police are trained to enter volatile situations with a playbook. Are we calling the right plays?

If you’re really serious about justice reform, Mr. President, you should start at the beginning of the process.

This story was originally published January 22, 2018 at 4:00 AM with the headline "Blake Shuart: Criminal justice reform should start at beginning."