This year, America experienced a racial reckoning in the midst of a pandemic, forcing people to have a long-overdue dialogue about racism and police brutality in our country, and making police reform one of the defining issues of the 2020 election (opens in new tab).

President Trump, despite previously claiming (opens in new tab) that he had "never done anyone else" criminal justice reform, issued an Executive Order on police reform (opens in new tab) in response to "black lives" protests across the country, and only on a superficial level He made it clear that he would not address the issue. At the time, Trump was probably referring to the First Steps Act (opens in new tab), which he signed into law in 2018, along with the pardon of Alice Marie Johnson, a 65-year-old woman sentenced to life in prison for a nonviolent drug-related crime. He also pardoned bank robber John Ponder on television during the Republican National Convention (RNC).

The problem is that neither these pardons nor the Executive Order address racist policies within the criminal justice system. In fact, the Center for American Progress lists here (opens in new tab) how the U.S. Department of Justice is actively intervening in criminal justice reform efforts.

To be clear, police reform falls under the umbrella of criminal justice reform, but President Trump's conflicting actions like tear gas (open in new tab) on peaceful "Black Lives Matter" protesters and his "LAW & ORDER. VOTE" (open in new tab) rhetoric are often leave voters confused as to his position on the issue. Yet at this point, despite the fact that George Floyd (open in new tab), Breanna Taylor (open in new tab), Tony McDade (open in new tab), and countless other blacks are being killed at more than twice the rate of whites (open in new tab), It is safe to assume that the President has no long-term plan to reform the police. The Fraternal Order of Police (FOP), the largest police union in the United States, endorsed President Trump for reelection, praising his "law and order" platform and his strong opposition to funding for police. President Trump tweeted that defunding police would "destroy America" (opens in new tab).

Progressive voters and activists have similarly pushed for police funding, but Democratic presidential candidate Joe Biden has claimed that he does not support it either. During the first presidential debate (open in new tab), Biden stated that he is "totally against defunding police officers" (open in new tab), but then continued with several talking points that essentially define what "defunding police" actually means. That is why the American Civil Liberties Union (ACLU) is urging Americans to refrain from using the term "defund the police" and instead call for "divesting from police." [9][10] "When we say 'divest,' it means that law enforcement budgets need to be scaled back," Caranya Bennett, a former senior legislative councilor for the ACLU, tells Marie Claire. 'For example, most everyone agrees, including law enforcement, that police should not be the first responders to mental health crises. The appropriate first responder would be a social worker or mental health counselor. In other words, instead of investing money in law enforcement to continue to respond to people with mental health crises, invest that money in mental health services and professionals who can respond more appropriately. We are talking about a diebest-reinvest approach that ensures funding is invested in a variety of hitherto neglected places such as housing, education, and employment, which tend to result in more negative encounters with law enforcement by the (black and brown) community. "

While it is highly unlikely that Biden and vice presidential candidate Kamala Harris will use the term "police funding" during the remainder of the campaign, the Democratic candidates have a plan for police reform (opens in new tab). They intend to "expand and leverage the authority of the U.S. Department of Justice to address systematic misconduct in police departments and prosecutor's offices," including bans on choking and no-knock warrants. The ACLU also intends to curb qualified immunity, which makes it difficult for victims of police violence and their families to obtain civil remedies in court, and to ensure law enforcement accountability The ACLU supports this policy, but wants to make sure it is pursued the right way. Simply repealing qualified immunity is not enough." We must repeal qualified immunity and make it a policy that protects the sanctity of life with respect to the nationwide use of force standard, that the use of force be used only as a last resort."

While voters may have a better understanding of Biden and Harris' police reform policies, they may feel conflicted about Senator Harris' controversial record as California Attorney General (opens in new tab). Bennett, however, advises paying attention to Senator Harris' recent activities in Congress, including becoming one of the lead sponsors of the Police Justice Act of 2020 (opens in new tab). Meanwhile, the Trump administration has created a National Commission on Law Enforcement and Criminal Justice (opens in new tab), but has reportedly violated federal law (opens in new tab) by not including victims of police violence and civil rights advocates on the commission and by not sharing public records of meetings.

"The federal government provides millions of dollars in funding to state and local police departments each year, and it should do so with oversight and accountability mechanisms in place," Bennett explained. From the outset, "this administration has made it clear that it does not intend to investigate jurisdictions with patterns or practices of police misconduct, and has changed internal processes that would allow for such oversight. Every time there has been an opportunity to promote a 'blue lives matter' narrative, we have done so."

Bennett continues. 'What we must continue to focus on is police violence. That is what is driving people to the streets and demanding change. This is a problem that will not go away until reforms are made. It is true that the media will stop covering it, and it is true that marches, protests, and organizing will cease, but this problem will not go away until the police system is dramatically reformed."

The full text of Biden and Harris' criminal justice reform proposal can be read here (opens in new tab).