among many A nasty anti-democratic bill Passed by the Texas legislature in this session House Bill 17, It will go into effect on September 1st.Promoted by the Republican Party as a means of governance “Rogue” Prosecutorthe new law expands the definition of “prosecutorial misconduct,” Who File impeachment complaints with local public prosecutors.

In layman’s terms, this means that a locally democratically elected district attorney charged with prosecuting crimes may be removed from office if: protect abortion rights, garbage prosecute the parents of transgender teens, or rejected Prosecute people for possession of small amounts of marijuana. These bills fundamentally undermine long-standing traditions. prosecutor’s discretion,that is ability A public prosecutor who decides which cases are brought to trial and on what charges.

Bills that strip district attorneys of their discretion are on the rise, particularly in the following areas: criminal justice.January 2023 report by public rights project points out that 17 states have proposed or adopted legislation that limits the discretion of local attorneys.

All of these bills design To stifle the will of voters of color and stifle local autonomy. state legislature Excessively right running. With unchecked gerrymandering and weakened voting rights laws, disproportionate numbers Send extreme state legislators who disagree with public opinion to state legislatures across the country.In Wisconsin, for example, Congress is far right, so lawmakers tried to help Former President Donald Trump overturned the election results and elected a state Supreme Court justice who promised voters across the state to defend abortion rights.

As backlash In addition to criminal system reforms that empower black and brown communities through elected prosecutors, some of these laws are designed to limit the discretion of prosecutors in certain types of cases. I’m here. For example, Pennsylvania legislators It was deleted Philadelphia District Attorney Larry Krasner, a Democrat, initiated a firearms prosecution and gave the authority to the Attorney General.

And in Florida, Republican presidential candidate and Governor Ron DeSantis signed a bill empowering Florida Attorney General Ashley Moody (Republican). Federalist Society, to prosecute all election-related crimes. DeSantis aimed to take up an election lawsuit that the district attorney exercised his discretion in a manner not favored by DeSantis, not charging People previously imprisoned who voted fraudulently. (The prosecutor said that those who voted unintentionally Violations of the law should not be prosecuted. DeSantis clearly objected to this. ) Needless to say, nearly all of DeSantis’ voter arrests black residents.

Such tactics are nothing new. When federal troops withdrew from the South after the Civil War, the state legislatures quickly adopted a series of criminal laws. black code, He restored institutions such as slavery. Many prohibit daily activities such as walking, sitting, or standing. Negroes were kidnapped from the streets andput away” Their Punishment.

In areas where newly emancipated voters elected black leaders, Confederate supporters claimed They argued that the elections were rigged and that in some cases they would launch bloody riots to reinstate their own candidates and that they would continue to apply rigging.of Louisiana and north carolinaFormer Confederate whites in the South committed mass murder to regain white rule. they call themselves “Redeemer” justified their quest from a religious point of view. ”Redeemer‘ turned to other tricks of closing polling stations, lengthening voting lines and enforcing an ‘understanding clause’. So a reading test to make it harder for black men to vote. They all wanted to be ruled by the state.

Similarly, the precursor to the current wave of power-grab laws was a series of recalls aimed at left-leaning prosecutors seeking racial justice.DeSantis Removed one prosecutor who vowed not to prosecute individuals seeking abortion or transgender care. Now he is considering firing another prosecutor. Monique Worrell, 2020 Elected Black Law Professor. In Philadelphia, Republican state legislators tried unsuccessfully to: impeach Krasner.And in St. Louis, a reform-minded district attorney Kim Garner (D) is also black, but resigned after the state legislature threatened to strip her of office.

Many of the prosecutors affected by this right-wing trend are often black elected leaders in cities with large black populations. Take Jackson, Mississippi, for example. In February, the legislature passed a law choosing an independent, state-run criminal system made up of state-appointed prosecutors, judges, and police. Essentially, the state is punishing Jackson residents. 82% black, by depriving them of their ability to participate in the democratic process. (This bill is currently being contested in court.)

as the states pass law or criminalize Honest Voter Mistakes, District Attorneys Often Chose not prosecute When intent is lacking. Republican-led states are now seeking to remove this authority from local control and instead transfer it to Republican attorneys general. We’ve already seen how it has become in states like Arizona and Texas.

Former Attorney General Ken Paxton (Republican), who was removed from office pending an impeachment trial last year, said: claimed It is false and unproven that “some official in the most problematic counties will allow election fraud to run rampant unless his office intervenes.” Former Attorney General Mark Brunovich (Republican) in Yuma County, Arizona actively pursued A Latino resident accused of “collecting ballots” and sent a woman to prison.

Republican-run countries have already shown a willingness to stifle racial equality in every possible way. By enacting legislation aimed at local prosecutors, these states are stripping communities of self-determination and moving further away from functioning democracies.

Jessica Pischko is an independent journalist and attorney who focuses on how the criminal justice system and law enforcement interact with political power. As a contributor to Democracy Docket, Pischko writes about the criminalization of elections and how sheriffs in particular pose a threat to democracy.