Defending Civil Rights & Justice

Defending Civil Rights and Justice in the Face of Dangerous Narratives

 By Israel Chávez, Attorney at Law  

 In a recent town hall, the Chief of Police for the city of Las cruces called for changes that should alarm anyone who values justice, fairness, and the protection of civil rights. His proposal to shift the burden of proving dangerousness in pretrial detention hearings from the state to the defense is not only legally misguided but deeply concerning in its philosophical underpinnings. It reflects a dangerous pattern we have seen before—one that echoes the practices of authoritarian regimes that subvert fundamental rights to expand the state's power over individuals.

 In our legal system, the presumption of innocence is not just a quaint ideal; it is a cornerstone of justice. It demands that the state—armed with its immense resources—prove its case against an accused individual. The Chief's suggestion would turn this principle on its head. Requiring defendants to prove their own non-dangerousness is tantamount to treating them as guilty until proven innocent. This is not just a procedural change; it is a step toward eroding the very freedoms that distinguish democratic societies from oppressive ones. 

 History warns us of what happens when the state’s power to detain is unchecked by rigorous standards of proof. Fascist regimes in the 20th century—from Nazi Germany to Mussolini’s Italy—routinely used pretexts of “public safety” to justify the mass incarceration of political dissidents, marginalized communities, and anyone deemed undesirable. These regimes normalized the stripping of civil liberties under the guise of keeping society “safe.” Such systems prey on fear and prejudice, using rhetoric about crime and disorder to justify the erosion of individual rights.

 Here at home, we must resist any narrative that suggests incarceration and prosecution are the primary solutions to complex issues like mental health and crime. Criminalizing those struggling with mental health challenges is not a solution; it is a failure of compassion, policy, and governance. The Chief's insistence on advocating for "more carceral solutions" reveals an unwillingness to engage with the systemic causes of these issues—poverty, trauma, lack of access to healthcare, and social support systems.  

Rather than amplifying calls for incarceration, we should be investing in evidence-based alternatives. Mental health courts, diversion programs, and community-based treatment offer pathways to address the root causes of criminal behavior without resorting to the blunt instrument of incarceration. These approaches are not only more effective but more humane. 

 As a civil rights attorney and criminal defense advocate, I have seen firsthand the damage wrought by a justice system overly reliant on incarceration. I have witnessed clients stripped of their dignity and opportunity, not because they were irredeemable, but because they were caught in a system that prioritized punishment over rehabilitation and reentry. 

 We must ask ourselves: Who benefits from a system that incarcerates instead of heals? Who profits when the burden of proof is shifted away from the state? And who suffers? 

 The answers to these questions remind us why it is essential to uphold the principles of justice and liberty enshrined in our Constitution. These principles are not relics; they are safeguards that protect the most vulnerable among us from the excesses of state power. 

 To the residents of this city, I urge you to approach these calls for carceral solutions with skepticism. Reach out to your legislators, not to demand more incarceration, but to advocate for solutions that address the systemic inequities at the root of crime. Insist on policies that expand access to mental health care, affordable housing, and education—not just policies that expand the size and reach of our jails. 

Heed this warning: If we sacrifice civil liberties in the name of safety, we will find ourselves neither safe nor free. We must remember the lessons of history and resist the seductive but dangerous rhetoric of fear. Together, we can build a system that prioritizes justice, dignity, and human potential over punishment and oppression. 

 Israel Chávez is a civil rights and criminal defense attorney based in New Mexico. www.ichavezlaw.com