Cash bail, mandatory minimums, incarcerating children as adults—the Trump-led GOP is destroying decades of criminal justice reforms for “tough on crime” policies that are not only cruel but objectively don’t work.

Republicans in Congress are attempting to push policies in the District of Columbia that would charge 14-year-olds as adults, increase mandatory minimum sentences, repeal the Second Look Act, and re-institute cash bail, which was banned in 1992. In this week’s episode of Rattling the Bars, host Mansa Musa reports from U Street and sits down with Bethany Young and Darby Hickey from the DC Justice Lab to discuss how the GOP is using Washington, DC, as a laboratory to wage a national crusade against decades of criminal justice reforms.

This is part one of a two-part series. Subscribe to TRNN and stay tuned for Part 2 next week.

Additional links/info:

Credits:

  • Producer / Videographer / Editor: Cameron Granadino

Transcript

The following is a rushed transcript and may contain errors. It will be updated.

Mansa Musa: Welcome to this edition of Rattling the Bars. We’re here in the historical part of the District of Columbia, U Street, 14th and U, 13th and U, 11th and U, 12th and U, all historic. Lincoln Theater and Benz Chillibo. We’re here today to talk to two representatives from DC Justice Lab about current legislation that Congress is attempting to pass to minimize the DC City Council’s ability to pass laws to govern this District of Columbia. Stay tuned for this interview. The District of Columbia has become the testing ground for Congress in terms of reforming so-called reform of laws that the city council has passed. So let’s talk about cash bill, what’s going on with it and what this bill is trying to do. Because when we look at what’s going on in over DC jail and how overcrowded it is, what’s our position on HI5214?

Bethany Young: Yeah. Well, DC has had a pretrial system in place for the last 30 years or so that has worked well. People are kind of released or not based on kind of a demonstrated threat to public safety. It’s not necessarily about how much money they have or starting with the presumption that someone should be incarcerated. And that system has worked well. Most people come back without committing any other crime. Most people show up for their court date. So it’s not a system that’s broken. So this is kind of a solution in search of a problem, this congressional bill that you’re talking about.

Mansa Musa: Who profiting from? Because the intent is not to change, get safer streets because we already recognize that the streets are safe. So who profiting?

Darby Hickey: We haven’t had cash bail in over 30 years in DC. And you know what that means we haven’t had in this city? Our bail bondsmen or these companies that are very predatory to poor people that require these payments and that make money regardless of what the person does after they’ve been released. And they make billions of dollars a year and we haven’t had that exploitative system in DC during this time. And as we’ve all been discussing, we’ve been safer for it. So that’s who is going to profit off of this. So we know that this is not about safety. This is about harming poor people, exploiting them for money. And it’s also ideological because I think I’m glad you started with this one as an example of this rollback and of using DC as kind of a Petri dish of what they can force on places around the country.
Because you see them pushing also on the national level to roll back bail reforms. And it’s ideological. I call it dumb on crime approach rather than following the actual evidence that shows that reforming bail systems, getting rid of cash bail actually makes our community safer because we know even a short time in jail, that destabilizes your life and that leads to worse safety outcomes in the long run.

Mansa Musa: Let’s talk about another aspect of this is mandatory minimums. And DC has always been real equitable in terms of taking into account the social conditions, really with sentencing the way they’re supposed to make a determination before they sentence. It’s always been like that. Talk about this attack.

Darby Hickey: I do agree with you that many of our judges do a good job of taking into account the circumstances around an event when determining a sentence. We actually already have some of the worst mandatory minimum sentences on the books in the country. And under this new proposal in Congress, the minimum that someone will be sentenced that would be longer than what the maximum is in some other states for the same conduct. So it’s really singling out DC. And again, it’s furthering this ideological agenda of just lock people up. We know all the companies are going to make money off of that. And to disempower and harm our communities, including unfortunately disproportionately black communities in DC and across the country are disproportionately impacted by mandatory minimum sentences. Is

Bethany Young: That in DC, nine out of 10 people sentenced under mandatory minimums were black. And so kind of same kind of look at every statistic as it relates to the criminal legal system in DC, and you’re going to see mostly black people. I think it’s eight out of 10 arrests. Most of the people in the jail. Most of the kids that are detained are black, certainly most disproportionately impacting black people and poor people.

Darby Hickey: And then we got to look at, going back to your point earlier, that the interconnection between these different policies, you were speaking on the efforts to roll back voting rights. And how we know that some of the origins of some of these sentences and some of the restrictions on voting after being convicted came out of reconstruction, came out of the backlash to reconstruction and trying to disempower and disenfranchise black communities. And so we have to see this and connect this as part of that lineage as well.

Mansa Musa: And I think that when we look at the District of Columbia, how can you rule your house where somebody got the authority and ability to tell you what you can and cannot spend? Your own money, your own revenue that you generate. So in this regard, you’ve got Congress is interfering with the legislative process. The people that’s duly elected to determine what their constituents say they want, don’t have a voice. They can pretend like they do. They can vote on something. They can pass it. But if Congress don’t like it, the appropriation committee will just simply don’t fund it. And that’ll kill that, which brings me to, and this right here is one thing that I want y’all to dial down on heavily. This is about the youth because they got this push. They pushing this effort to criminalize the youth as young as 14. Talk about their attempt to push to make the laws change or create a law around dealing with our youth.

Bethany Young: A child, because we’re talking about children, could be charged as an adult. There are also some other laws that are for other young people, young adults would affect their ability to kind of have a second look at their sentences after they’ve served some time or that would impact their ability to have their records sealed after a certain amount of time and would affect the discretion that judges have in certain cases to sentence a young person in alignment with where they are developmentally. And what we know and what we’ve known for decades about laws like this is that they’re counterproductive. They’re as counterproductive as they are oxymoronic. If you think about treating a child as an adult, just because you say you’re an adult does not make a child an adult. And it actually ignores what science says about the developing brain. We know very well at this point that our brain, excuse me, as humans are developing well into our 20s, especially the part of the brain that deals with impulse control.
So there are certain things we take for granted with kids that they’re going to be impulsive, that they’re going to engage in risky behaviors. And we account for that. We know with the driving age, with drinking, with buying tobacco, with voting, with enlisting. We acknowledge in all of these different contexts that children are different and that we have to kind of help make decisions for them because their brains do not allow them to do this well. But in the context of crime and incarceration,
For some reason, we treat kids differently in that context and it doesn’t work. We know that for kids, contact with any part of the system. So even if they see someone getting pulled over by a police, they see their friends being encountered by police, that from that to being in a courtroom, to being arrested, to being incarcerated, that actually sets them back developmentally.

Mansa Musa: The fact that they’re saying in this cadence that youth are taking over the city and they’re using this as a pretext for getting tough on oil, as Bethany said.

Darby Hickey: What we’re seeing with these incidents with young people is, guess what? Young people are still recovering from the trauma of the COVID epidemic and of the shutdowns that happened and of the challenges with socialization they’ve had. We’re now learning so much more about the negative impacts of social media on them. And I’m a parent of a teen. Look, kids just want to get together. They want to not have to deal with adults. They want to be able to be with each other a little bit. And that’s what the vast majority of kids are doing in these situations. They’re just looking for a place to get together. And a lot of those places have disappeared. Yeah, we have our rec centers. Yeah, we have libraries. That’s really important. But think about the movie theaters, the malls. Union Station is largely blocked off to them at this
Point. So where else are they supposed to go is a question you keep hearing from them. I think it just goes back to a point that Bethany was making of like, these are children. Let’s give them the support that they need. Let’s invest in them. Let’s lift them up instead of continuing to tell them you are not welcome here. You can’t go there. This city and all the changing that has happened is not for you in these areas, which is putting a real distinct point on it, in my opinion, on top of the displacement and the gentrification that’s already happened in a city that has pushed so many people out of traditional neighborhoods like Southwest. You can even go back centuries, or decades rather, that was a very robust multi-ethnic community before it was destroyed by urban redevelopment back in the ’60s, I believe it was.
And then now has had this new wave happening as well. And you see it all over the city, unfortunately.

Mansa Musa: The attitude is we got to create a false narrative that in order for this place to be safe, we got to identify who’s making it unsafe, and that’s the youth. Which brings me to the point, the United States Attorney General for the District of Columbia recently said, “I know evil when I see it, no matter what their age.” How do y’all respond to that? They wearing hoodies. That’s evil. But he know evil respond to that.

Bethany Young: There is a really loud emotion that people respond to. And if you can make me afraid enough, I can support a lot of different things if you’re saying it’s in the name of safety. But what we know is that it’s not actually tied to safety, that the rest are down across the country, some of the trends that we’ve seen that we saw during COVID and immediately post, we’re turning the corner on those that the things that communities are doing to give young people other options to invest in them if given time are working.

Mansa Musa: When you create an environment where you have summer jobs, like me and my sister, we was first generation when they first started summer jobs and we did the projects in the District of Columbia. And when they created summer jobs, the whole city became vibrant because we had money. Young people had money and young people had Princeburg.

Darby Hickey: We know that giving people the right to determine their own future is what makes them great and what makes our democracy great.

Mansa Musa: So what’s y’all strategy now around what’s going on? Because when we went down to Congress, I was there. I forgot the congressman’s name out of Florida. They introduced the bill. His town don’t have problems. They reading articles that didn’t have nothing to do with the district. They reading the article from Arizona or New Mexico and just reading the facts of the article and making it seem like this is DC. Talk about where y’all at in terms of y’all advocacy and y’all strategy around changing this narrative or more importantly, mobilizing people to be effective in terms of advocating.

Bethany Young: So we’re continuing the work that we do locally on that in terms of shrinking policing, shrinking incarceration. We recently, along with about 30 other partners in the district, put together a 2026 public safety policy agenda that runs the gamut from community-based investments around non-police alternatives to safety like violence interrupters, credible messengers, investing and protecting in youth. So before a kid even gets into the system, what are the things that we can be doing to surround them to make sure that they’re thriving, that they have access to opportunities, that they’re building confidence and self-efficacy and skills all the way up until ways that our local officials can stand up and make a stronger statement

Mansa Musa: To the

Bethany Young: Federal government about the respect for DC laws. And we talked about this a little bit earlier. There’s only but so much they can do, but they can make their voices and their position known in a way that I don’t know that we’ve seen our elected officials locally do satisfactorily.

Mansa Musa: I like what you just said. Y’all got a document that y’all putting out. So this opened the doors up for insertion in terms of application, how to get people to stop. Okay. If we talking about incredible messages, fund that.

Darby Hickey: Although we do have these threats from the federal government right now, we also know, as we were just discussing with the curfew, that unfortunately our local elected officials are also making some bad choices around policies. And of course we want to defend their right to make that choice. We want to also convince them to make the right

Mansa Musa: Choice.

Darby Hickey: But that’s what this document lays out is this policy agenda is a number of recommendations that are not new, that we’ve been making, that people in the community have been making, that experts have studied and the evidence backs up. And so in addition to that, other things that we’re also doing are educating the council and staff, educating the mayor, educating the public about these proposals in Congress to roll back our laws or to impose bad nuance on us. The more of a united front and the more voice we have, the better chance we have of beating back these fundamentally undemocratic attacks that are trying to set us back years and years.

Mansa Musa: And we shouldn’t be handcuffed because someone is to your point, ideologically think that we should be back and change. So I want to commend y’all on y’all work.

Bethany Young: We can pick up a phone. We have resources that we can share around how to advocate in the legislative process, but keep learning about what’s happening. Make sure that you understand what it is because it can feel distant to some people. It can feel like that’s not happening to me. But rest assured that it’s going to get closer and closer. And before you know it, it’ll be. It’s kind of at all of our doorsteps at this moment. So continue to stay aware and engaged and ask people to do what they can to push back.

Mansa Musa: Okay.

Darby Hickey: Yeah, I think we see unfortunately this playbook being tried out here, but we know where it’s going next. We know it’s already been being used in other places. People saw the violence that happened in Minneapolis and Los Angeles and Chicago. That’s the same stuff that we’ve been dealing with. And actually we’ve still got the National Guard in

Mansa Musa: DC

Darby Hickey: And all the rest of the places they pulled back. So we are really struggling and we need help from everyone that’s willing to help. All our residents need to speak out. We all got to be in this together. And we need help from friends and family all over the country who actually have a vote in Congress and should be reaching out and doing what they can. We can’t be satisfied, like you said, with our colonial status right now. Home rule is a bare minimum. So we need statehood and we need people to support statehood for DC.

From The Real News Network via This RSS Feed.