Advance Justice

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We are citizen advocates for criminal justice reform. We believe the fight for our clients begins not only in the courtroom, but in the halls of our capitals and at the ballot box.

Criminal justice reform, drafted for Oklahoma

For the State of Oklahoma, we have prepared the following proposed amendments and additions to Oklahoma statutes. If you would like to help advocate for these changes, please feel free to use the language here. We only ask that you cite the source: our page.

This is proposed model legislation offered for public advocacy. It is not legal advice.

Proposed statutory reforms

Require that all police officers wear personal audio/video recording devices.

  • All interviews, interrogations, statements, etc. must be recorded.
  • Any incriminating statements by persons ultimately filed by information shall be inadmissible absent said statement being recorded, or proof of:
    • Unforeseeable failure of equipment,
    • Unavoidable circumstance that prevented the officer from recording the statement,
    • The statement, collected by a third party for law enforcement purposes, is corroborated by substantial, independent evidence, or
    • The officer received prior permission of the Court to not record the statement.

Any person who is a potential suspect, person of interest, or suspect in a criminal investigation shall be advised of her Miranda rights in addition to the following:

  • You are advised that it is strongly encouraged that you speak with an attorney prior to making any statement, and
  • You are advised that police may, if it is necessary to the completion of their duties, lie, mislead, or otherwise deceive you during the course of any and all interviews, without notice to you of said deceptions.
  • Juvenile potential suspects, persons of interest, or suspects shall additionally be advised that:
    • Your parent or guardian may have a conflict of interest or be unaware of the benefits of not participating in this interview. Because of your age you are further advised that, if you request it, you may have an attorney appointed to you that can provide you independent advice.

No statement shall be admitted in a criminal proceeding if it is determined that the statement was procured using the Reid method or if any part of the statement was procured through deception, unless:

  • The statement is supported by separate, independent corroborating evidence, not procured by way of or as a direct result of the statement in question,
  • The Court determines that the deception(s) of the person who procured the statement was not unnecessarily dishonest, and
  • The Defendant was not impaired, disabled, or limited in any way that would make them susceptible to making potentially false statements.

The presumption in all non-capital criminal matters is that bond is appropriate based on the financial capabilities of the Defendant. As such the Court shall:

  • Consider the financial status of the Defendant when setting any bond and shall set it based on the Defendant’s income in addition to the existing relevant factors.
  • Presume that the Defendant and public will be better served with conditional bond subject to reasonable supervision or monitoring by GPS or other means.
  • Impose no conditions of bond that would interfere with the due process rights of the Defendant, specifically their rights to privacy and to not have their bodies invaded without consent.

Upon filing of an information for criminal prosecution, the Prosecutor or prosecuting agency shall make inquiry with all involved law enforcement agencies for the disclosure of all documents, recordings, correspondence, interviews, statements, photos, videos, audio, evidence reports or lab submissions, and all other records of the investigation.

  • Within fifteen (15) days of the information being filed and the request being submitted, a Notice of Availability of Disclosures shall be filed in the criminal proceeding.
  • The Defendant may acquire a copy of said materials; electronic delivery is preferable. The Defendant may provide a blank flash drive for a free copy. If requested in print, the Defendant is responsible for production ($0.05/page black & white, $0.10/page color, $1.00 per compact disc).
  • All updates from any source must be disclosed within fifteen (15) days of the conclusion of that portion of the investigation, with supplemental Notices filed accordingly.
  • The Court shall enter a Discovery Order in all matters set for Jury or Non-Jury Trial that includes a date by which the State and Defendant must exchange all Discovery intended for use at Trial.
  • Evidence provided in Discovery but not previously disclosed must be accompanied by a motion explaining the omission, and shall be suppressed unless the failure was due to unavoidable circumstance, is not material to the Defense, or was not withheld without just cause.

A victim of an alleged crime may elect to refuse to cooperate with the prosecution of a criminal matter.

  • The State shall prepare a form, made available on the Administrative Office of the Courts website, capturing the victim’s name, phone, address, a statement about the potential criminal consequences of filing a false police report, an election statement, a signature line, and notary verification.
  • Upon receipt of a validly executed declination, the State shall immediately disclose the same to the Defendant.
  • The State may subpoena the declining victim to a hearing only on whether they understood the consequences, whether they were forced or coerced, and whether they were promised anything in exchange.
  • If the Court is satisfied the declination was knowing and uncoerced, it shall release the victim from any obligation to participate for the State. No such victim may be compelled to testify against the Defendant for the State of Oklahoma.

Prosecutorial immunity shall not extend to:

  • Prosecutions where Brady or exculpatory material is not timely and properly disclosed,
  • Violations of Court Orders or statutes regarding Discovery or Disclosures, or
  • Malicious prosecution where it can be established that the prosecutor (1) intentionally or maliciously, (2) brought or pursued a criminal, civil, or quasi civil/criminal action, (3) without probable cause, (4) that is ultimately dismissed in favor of the victim of said prosecution.

Reforms to limit and redirect civil asset forfeiture:

  • No action for civil asset forfeiture may be brought in excess of the maximum total fine available for the alleged criminal activity.
  • A successful civil asset forfeiture action related to a criminal matter shall see those funds first applied to any and all applicable fines and Court Costs of the Defendant. The balance, if any, may be utilized as otherwise allowable by law.

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