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August 31, 2016

Clemency advocate explains her view on "How to inspire criminal justice reform"

The title of this post is drawn in part from the headline of this lengthy new CNN commentary authored by Brittany K. Barnett-Byrd, whom CNN describes as "an attorney and criminal justice reform advocate [who] has handled several successful clemency petitions, including the nationally reported cases of Sharanda Jones and Donel Clark."  Here are excerpts from her commentary:

As the daughter of a formerly incarcerated mother, I know that when one person goes to prison, the whole family goes to prison. Mass incarceration has devastated families and communities across America.  The United States makes up nearly 5% of the world's population and almost 25% of the world's prison population.  Today, there are over 2.2 million people incarcerated in this country.

The dramatic growth in incarceration as a result of the failed war on drugs cannot be ignored. At the state level, the number of people in prison for drug offenses has increased tenfold since 1980. In addition, nearly half of all federal prisoners are serving time for drugs.

While the statistics are astonishing, to truly understand the issue, we must look beyond the numbers and see the human capital sacrificed in the name of misguided appeals for law and order.  The human element is rarely addressed but is necessary to inspire and drive the change needed to reform our criminal justice system.

#17061-112. This number was assigned to my client Corey Jacobs 17 years ago when he began serving a life sentence in federal prison for nonviolent drug convictions. Corey had no prior felony convictions.  But with no parole in the federal system, he has been fundamentally condemned to die in prison.

Over two decades ago, Corey, now 47, began dealing drugs with a small group of college friends in Virginia. Though Corey was not a kingpin, he received an essential death sentence largely because three of his co-conspirators testified against him in exchange for reduced sentences.  Due to federal laws, Corey was held accountable for all "reasonably foreseeable" quantities of drugs attributed to the five other people involved in the conspiracy. Absolutely no dimension of his conduct was violent.

Despite facing the grim reality of dying in prison, Corey has worked diligently to prove that he is deserving of a second chance. He has devoted himself to extensive rehabilitative programming, completed three self-improvement residential programs and received over 100 learning certificates that have enhanced his education and personal development....

While there is little doubt that a prison sentence was warranted in Corey's case, he doesn't deserve to die in a cell because of it.  Life in prison without the possibility of parole is, short of execution, the harshest punishment available in America.  It screams that a person is beyond hope, beyond redemption.  It suffocates mass potential as it buries people alive. And, in Corey's case, it is a punishment that does not fit the crime.

Recently, I went to visit Corey in prison to discuss his pending clemency petition.  As I sat in the bleak, cold concrete interior of the attorney-client visiting room, I was struck by Corey's remorse, intelligence and dedication to bettering himself.   I learned Corey is an avid meditator. He mentioned how he once read nature could enhance the meditation experience, but he had not seen a tree in years. The prison yard is surrounded by daunting, gray brick buildings. The rest of our conversation was a blur because I could not move past the fact that he had not seen a tree. A tree.

Though I never imagined that visiting a United States Penitentiary would change the trajectory of my legal career, the state of consciousness I achieved after meeting Corey empowered me.  I no longer wanted to be just a lawyer.  I wanted to use this platform to promote the greater good.  Because of thousands of cases like Corey's, three months ago I resigned from my corporate law job to become a full-time advocate for criminal justice reform....

Last year the Sentencing Reform and Corrections Act of 2015 (S. 2123) was introduced into Congress. This crucial bill would pull back mass incarceration and save taxpayers billions of dollars by reducing mandatory minimums and making the Fair Sentencing Act of 2010 retroactive.  And yet despite unprecedented bipartisan support, it still has not come to the Senate floor for a vote.  We must urge Congress to pass this overdue, life-changing legislation.

But Congress is not the only branch of government beginning to address this injustice. Obama has shown he is committed to reinvigorating the clemency process through his administration's groundbreaking initiative to prioritize clemency applications for individuals like Corey....

Our criminal justice system is tangled in overcrowded prison cells, draconian sentences, shameful sentencing disparities, burdensome incarceration costs and heartbroken children and families.  Reform is desperately needed.  The time is now for the people who hold the levers of power to believe in humanity and to simply do the right thing.  After all, there is nothing more urgent than freedom.

August 31, 2016 at 07:59 PM | Permalink

Comments

So why hasn't Obama granted him clemency? Why did a crack house operator get out before him?

Posted by: federalist | Sep 1, 2016 6:53:59 AM

"In addition, nearly half of all federal prisoners are serving time for drugs."

And the other near half are in for sexual offenses. Yet should anyone try to address prison overcrowding via that vector and boom time to recall the judge.

So let's be clear here. It really isn't over-criminalization that bothers people, it is simply that the wrong kind of people are in prison. Do something with one genitals that society doesn't approve and death is too good for one. Get people high and happy with narcotics and well where is the harm in that kind of gentle fun?

Posted by: Daniel | Sep 1, 2016 12:22:11 PM

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