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Resolution

Eliminating the Illegal Practice of “Trial Tax”

WHEREAS, "Trial Tax" is a euphemism for a judge imposing a more severe sentence on a defendant, in whole or in part, because the accused, who elected to reject the prosecution's plea agreement and go to trial, wasted judicial and prosecutorial resources involved in a trial; and

WHEREAS, such things are increasingly happening across the United States, and can be found to target people of color and ethnic minorities; and

WHEREAS, the Trial Tax is imposed unilaterally, often arbitrarily, and is often used to exercise bias, prejudice and discriminatory sentencing; and

WHEREAS, the Trial Tax is a widespread epidemic affecting the neighborhood and Cities of People throughout the United States; and

WHEREAS, the Trial Tax is destroying the right of a trial, and has greater life-changing consequences for the defendant and his or her family; and

THEREFORE BE IT RESOLVED, that the National Association for the Advancement of Colored People (NAACP) stands opposed to the practice of the Trial Tax and will work through Local, State and Federal Legislative process to make sure the Trial Tax is abolished; and

BE IT FURTHER RESOLVED, that the NAACP will strongly advocate toward establishing an independent whistleblower system, without retaliation from judges, for attorneys who witness violations or misconduct of the Trial Tax; and

BE IT FURTHER RESOLVED, that the NAACP, stands opposed to the practice of the Trial Tax and will work through Local, State and Federal Legislative process to make sure the Trial Tax is abolished; and

BE IT FINALLY RESOLVED, that the NAACP will urge and ask all Units to work to identify and assist all victims/suspects of the Trial Tax, following NAACP procedures, and to monitor court room proceedings for indications that they may be practicing the Trial Tax.

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