Monday, March 23, 2015

"WBUR Poll: Most In Boston Think Tsarnaev Should Get Life In Prison Over Death Penalty"

0323_dems-copy-620x363The title of this post is the headline of this intriguing new press report on an intriguing new poll about an on-going federal capital case.  Here are the basics: 

As the trial of Dzhokhar Tsarnaev moves ahead, a new WBUR poll (topline, crosstabs) finds most Boston residents believe the admitted Boston Marathon bomber should receive life in prison instead of the death penalty if convicted.

In a survey of 229 registered Boston voters, 62 percent said Tsarnaev should be sentenced to life in prison without the possibility of parole, while 27 percent said he should receive the death penalty. That preference held true for the broader Boston area, defined as communities inside and along Route 128 — but the margin is slimmer. Of 504 registered Boston area voters surveyed by telephone March 16-18, 49 percent think Tsarnaev should get life in prison, while 38 percent feel he should be sentenced to death....

Across different demographics, the preference for punishment varied a bit more. Men were more in favor of the death penalty in this case than life in prison, while women more strongly favored life in prison over the death penalty. Across all age groups, more people felt Tsarnaev should be sentenced to life in prison rather than the death penalty — but the widest margin was among young people ages 18 to 29, where 55 percent chose life in prison and 32 percent chose the death penalty.

Among minorities, there was also a wide margin — 64 percent believe Tsarnaev should be sentenced to life in prison, while 25 percent think he should get the death penalty. Among whites, 46 percent chose life in prison and 41 percent chose the death penalty.

Kozcela said the findings across demographics are also in line with partisan views on the death penalty. “The groups that tend to lean more Democrat also tend to be more opposed to the death penalty,” he said.

Ultimately, Tsarnaev’s fate will be decided by a jury. But the demographics of that jury is an issue defense attorneys raised in February, in their second attempt to get the case dismissed. Tsarnaev’s lawyer’s argued that the jury — which is all white and made up of eight men and 10 women — wasn’t diverse enough. (Twelve of those jurors will determine the final verdict.) Defense attorneys took issue with the way potential jurors were reordered when the final jury pool was summoned to fill out questionnaires. The defense argued the renumbering pushed African-Americans, young people and Boston residents — groups our poll shows favor life in prison over the death penalty — down the list of potential jurors, decreasing their chances of being seated on the jury.

Judge George O’Toole Jr. denied the defense’s motion in early March. The defense also tried unsuccessfully four times to get the trial moved out of Boston, arguing they could not get a fair trial here. However, as our poll shows, most Boston residents prefer to give Tsarnaev life in prison — a position the defense hopes the jury will take....

So far in the trial, the prosecution has been laying out its case against Tsarnaev with graphic videos and photos, emotional victim testimony and evidence gathered from Watertown and the Tsarnaevs’ residences. Once the prosecution wraps up its case, the defense will present its case. The defense already admitted Tsarnaev carried out the bombing, but they are trying to save his life by convincing the jury he was influenced by his older brother.

March 23, 2015 in Death Penalty Reforms, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (0) | TrackBack

Three Justices lament SCOTUS failure to do death-penalty error correction in Texas case

Though the big Supreme Court sentencing news today is the cert grant in another Miller retroactivity case from Louisiana (basics here), also notable for sentencing fans is this dissent from the denial of certiorari in a Texas capital case authored by Justice Breyer (joined by Justices Ginsburg and Justice Sotomayor). Here are snippets from the start and end of the opinion:

On April 28, 1984, petitioner Lester Leroy Bower was convicted in a Texas court of murdering four men. Each of the four men had been shot multiple times. Their bodies were left in an airplane hangar, and an ultralight aircraft was missing.

The State sought the death penalty. Bower introduced evidence that was, in his view, mitigating. He noted that he was 36 years old, married, employed full-time, and a father of two. He had no prior criminal record. Through the testimony of Bower’s family members and friends, the jury also heard about Bower’s religious devotion, his commitment to his family, his community service, his concern for others, his even temperament, and his lack of any previous violent (or criminal) behavior.

At the time of Bower’s sentencing, Texas law permitted the jury to consider this mitigating evidence only insofar as it was relevant to three “special issues”...

[The] Texas Court of Criminal Appeals believed that the use of the special issues proceeding in Bower’s sentencing proceeding did not constitutionally entitle him to resentencing.

Bower now asks us to grant certiorari and to reverse the Texas Court of Criminal Appeals. In my view, we should do so. Penry’s holding rested on the fact that Texas’ former special issues did not tell the jury “what ‘to do if it decided that [the defendant] . . . should not be executed’” because of his mitigating evidence. Abdul-Kabir v. Quarterman, 550 U.S. 233, 256 (2007) (quoting Penry, supra, at 324). Bower’s sentencing procedure suffered from this defect just as Penry’s did. The distinction that the Texas court drew between Penry’s and Bower’s evidence is irrelevant. Indeed, we have expressly made “clear that Penry . . . applies in cases involving evidence that is neither double edged nor purely aggravating, because in some cases a defendant’s evidence may have mitigating effect beyond its ability to negate the special issues.” 550 U.S., at 255, n. 16. The trial court and the Fifth Circuit both recognized that Bower’s Penry claim was improperly rejected on that basis.

The Constitution accordingly entitles Bower to a new sentencing proceeding.  I recognize that we do not often intervene only to correct a case-specific legal error.  But the error here is glaring, and its consequence may well be death.  After all, because Bower already filed an application for federal habeas relief raising his Penry claim, the law may bar him from filing another application raising this same issue.  See 28 U.S.C. §2254(b)(1). In these circumstances, I believe we should act and act now.  I would grant the petition and summarily reverse the judgment below.  I dissent from the Court’s decision not to do so.

March 23, 2015 in Death Penalty Reforms, Sentences Reconsidered, Who Sentences? | Permalink | Comments (1) | TrackBack

"A Commentary on Statistical Assessment of Violence Recidivism Risk"

The title of this post is the title of this timely paper by Peter Imrey and A. Philip Dawid now available via SSRN. The piece, as evidenced simply by the abstract, seems quite technical. But it seems that the piece is making an especially important technical point. Here is the abstract:

Increasing integration and availability of data on large groups of persons has been accompanied by proliferation of statistical and other algorithmic prediction tools in banking, insurance, marketing, medicine, and other fields (see e.g., Steyerberg (2009a;b)).  Controversy may ensue when such tools are introduced to fields traditionally reliant on individual clinical evaluations.  Such controversy has arisen about "actuarial" assessments of violence recidivism risk, i.e., the probability that someone found to have committed a violent act will commit another during a specified period.

Recently Hart et al. (2007a) and subsequent papers from these authors in several reputable journals have claimed to demonstrate that statistical assessments of such risks are inherently too imprecise to be useful, using arguments that would seem to apply to statistical risk prediction quite broadly.  This commentary examines these arguments from a technical statistical perspective, and finds them seriously mistaken in many particulars. They should play no role in reasoned discussions of violence recidivism risk assessment.

March 23, 2015 in Offender Characteristics, Offense Characteristics, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Reentry and community supervision, Who Sentences? | Permalink | Comments (0) | TrackBack

Supreme Court takes up a replacement juve LWOP retroactivity case from Louisiana

As reported in this AP piece, the US Supreme Court this morning found a replacement for the prior resolved case (Toca) dealing with the retroactivity of its 2012 Miller decision.  Here are the basics:

The Supreme Court is adding a new case to decide whether its 3-year-old ruling throwing out mandatory life in prison without parole for juveniles should apply to older cases. The court was scheduled to hear arguments in a case from Louisiana in late March, but the state released inmate George Toca after 30 years in prison.

The justices on Monday said they would consider a new Louisiana case involving a man who has been held since 1963 for killing a sheriff's deputy in Baton Rouge.  Henry Montgomery was a 17-year-old 10th grader who was playing hooky from school when he shot Deputy Charles Hurt at a park near the city's airport. The officer and his partner were looking to round up truants.

The case will be argued in the fall.... The case is Montgomery v. Louisiana, 14-280.

Some SCOTUS-related posts on the prior Toca case and Miller retroactivity:

March 23, 2015 in Assessing Graham and its aftermath, Assessing Miller and its aftermath, Offender Characteristics, Sentences Reconsidered, Who Sentences? | Permalink | Comments (2) | TrackBack

Sunday, March 22, 2015

Might a President Ted Cruz champion "common sense" mandatory minimum sentencing reform?

The question in the title of this post is prompted by this political news from Houston: "Ted Cruz to announce presidential bid Monday."  Here are highlights about Senator Cruz's plans:

Senior advisers say Cruz will run as an unabashed conservative eager to mobilize like-minded voters who cannot stomach the choice of the "mushy middle" that he has ridiculed on the stump over the past two months in Iowa, New Hampshire and South Carolina. "Ted is exactly where most Republican voters are," said Mike Needham, who heads the conservative advocacy group Heritage Action for America. "Most people go to Washington and get co-opted. And Ted clearly is somebody that hasn't been."

For various reasons, I am pleased that Senator Cruz is the first GOP candidate to officially throw his hat into the ring and that he will be running as a "unabashed conservative." As explained in this prior post, this unabashed conservative has stated that he believes a commitment to "fairness" and "justice" and "common sense" calls for passage of the Smarter Sentencing Act and other federal reforms which would help avoid "a world of Le Miserables, where a young man finds his entire future taken away by excessive mandatory minimums.

A few recent and older posts on the modern "conservative politics" of federal sentencing reform:

March 22, 2015 in Mandatory minimum sentencing statutes, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (1) | TrackBack

Pope Francis categorically condemns death penalty as "inadmissible" in today's world

As reported in this piece from Vatican Radio, which describes itself the "voice of the Pope and the Church in dialogue with the World," Pope Francis spoke about capital punishment during a meeting with members of an international anti-death penalty group. Here are details:

Capital punishment is cruel, inhuman and an offense to the dignity of human life. In today's world, the death penalty is "inadmissible, however serious the crime" that has been committed. That was Pope Francis’ unequivocal message to members of the International Commission against the death penalty who met with him on Friday morning in the Vatican.

In a lengthy letter written in Spanish and addressed to the president of the International Commission against the death penalty, Pope Francis thanks those who work tirelessly for a universal moratorium, with the goal of abolishing the use of capital punishment in countries right across the globe.

Pope Francis makes clear that justice can never be done by killing another human being and he stresses there can be no humane way of carrying out a death sentence. For Christians, he says, all life is sacred because every one of us is created by God, who does not want to punish one murder with another, but rather wishes to see the murderer repent. Even murderers, he went on, do not lose their human dignity and God himself is the guarantor.

Capital punishment, Pope Francis says, is the opposite of divine mercy, which should be the model for our man-made legal systems. Death sentences, he insists, imply cruel and degrading treatment, as well as the torturous anguish of a lengthy waiting period before the execution, which often leads to sickness or insanity.

The Pope ... makes quite clear that the use of capital punishment signifies “a failure” on the part of any State. However serious the crime, he says, an execution “does not bring justice to the victims, but rather encourages revenge” and denies any hope of repentence or reparation for the crime that has been committed.

March 22, 2015 in Death Penalty Reforms, Purposes of Punishment and Sentencing, Religion, Who Sentences? | Permalink | Comments (6) | TrackBack

Saturday, March 21, 2015

Prez Obama promising to exercise "pardon power and clemency power more aggressively"

This new Huffington Post article reports on an interview with President Barack Obama in which his clemency efforts past and present were discussed. Here are highlights:

President Barack Obama plans to grant clemency to federal offenders "more aggressively" during the remainder of his presidency, he said in a sit-down interview with The Huffington Post on Friday.

Obama has faced criticism for rarely using his power to grant pardons and commutations. In December, he commuted the sentences of eight federal drug offenders, including four who had been sentenced to life. That brought his total number of commutations to 18.

Obama said he had granted clemency so infrequently because of problems in the Justice Department's Office of the Pardon Attorney. The former head of that office, who was appointed during the George W. Bush administration, resigned in April amid criticism from criminal justice advocates. "I noticed that what I was getting was mostly small-time crimes from very long ago," Obama said. "It'd be a 65-year-old who wanted a pardon to get his gun rights back. Most of them were legitimate, but they didn't address the broader issues that we face, particularly around nonviolent drug offenses. So we've revamped now the DOJ office. We're now getting much more representative applicants."

Many of those new applications came from what's known as the Clemency Project 2014, announced when the Office of the Pardon Attorney head resigned. That project, which operates independently of the government, is intended to help DOJ sort through a huge number of applicants to figure out who meets specific criteria laid out by the administration.  But the process has been slow, and some criminal justice advocates are growing frustrated. Since the project was announced, more than 35,000 inmates -- roughly 16 percent of the total federal prison population -- have submitted applications....

Obama said Friday that the public could see the results of the project soon. "I think what you'll see is not only me exercising that pardon power and clemency power more aggressively for people who meet the criteria -- nonviolent crimes, have served already a long period of time, have shown that they're rehabilitated -- but also we're working with Democrats and Republicans around criminal justice reform issues," Obama said.

The president said it was "encouraging" to see criminal justice reform and support for the elimination of some mandatory minimum sentences as a "rare area where we're actually seeing significant bipartisan interest," with some libertarians and conservatives concerned about costs joining with Democrats. "If we can get some action done at the federal level, that will make a difference in terms of how, I think, more and more states recognize it doesn't make sense for us to treat nonviolent drug offenses the way we do," Obama said.

As I have said many times before, the Obama Administration has generally be much better at talking the talk than at walking the walk on these sorts of sentencing matters. Nevertheless, I view these comments as additional reason to believe there will be many more clemency grants by President Obama in the coming year or two than in the previous five or six.

March 21, 2015 in Clemency and Pardons, Drug Offense Sentencing, Who Sentences? | Permalink | Comments (0) | TrackBack

Effective discussion of nitrogen gas as execution method alternative

Images (1)This new Atlantic article, headlined "Can Executions Be More Humane?: A law professor suggests an untested procedure as an alternative to lethal injection," provides an interesting account of the person and story behind a novel execution method proposal.  Here are excerpts:

Michael Copeland has a unique resume: former Assistant Attorney General of the tiny Pacific island nation of Palau, professor of criminal justice at East Central University in Ada, Oklahoma — and now, the proponent of a new execution method he claims would be more humane than lethal injection.

Copeland is one of the brains behind House Bill 1879 proposed by Oklahoma State Representative Mike Christian.  The bill, passed by the Oklahoma House last week, would make “nitrogen hypoxia” a secondary method to lethal injection.  Oklahoma State Senator Anthony Sykes will be introducing it to the senate shortly.

Copeland explained the execution method last September to the Oklahoma House Judiciary Committee at Christian’s invitation.  Copeland says that Christian had been suggesting the firing squad, but Copeland thought there might be a better way.  Along with two other professors from East Central University, Christine C. Pappas and Thomas M. Parr, he is drafting a white paper about the benefits of nitrogen-induced hypoxia over lethal injection....

Hypoxia occurs when a person lacks an adequate supply of oxygen.  “Normally, the air we breathe is 79 percent nitrogen and 21 percent oxygen,” Copeland explains. Nitrogen hypoxia during an execution “would be induced by having the offender breathing a gas mixture of pure nitrogen.” Copeland points out that “nitrogen is an inert gas, and therefore doesn’t actually cause the death.  It is the lack of oxygen that causes death.”

According to Copeland, death from nitrogen hypoxia is painless. “In industrial accidents, it often happens because the victim does not know they are in a hypoxic environment,” he said.  “That suffocating feeling of anxiety and discomfort is not associated with hypoxic deaths.”  He says nitrogen-induced hypoxia is well-researched, although the ideal delivery system for an execution has not yet been established.  Two ideas include a medical-grade oxygen tent around the head or a facemask similar to those used by firefighters.

The condemned person might not even know when the “the switch to pure nitrogen occurs, instead he would simply lose consciousness about fifteen seconds after the switch was made,” he added.  “Approximately thirty seconds later, he would stop producing brain waves, and the heart would stop beating about two to three minutes after that.”...

Copeland says that conditions for lethal-injection executions will only get worse.  States are scrambling to find the drugs and the health professionals to use them, and both are required for lethal injection to take place.  “You have anti-death penalty zealots around the globe that protest, that bring attention to the manufacturers of these drugs,” Oklahoma Attorney General Scott Pruitt told a local chamber of commerce last summer. Pruitt said that as long as activists pressure manufacturers, there will be supply issues....

From its first use in the execution of Gee Jon in Nevada in 1924 to its link to Nazi gas chambers, lethal gas as method of execution has a problematic history.  American lethal-gas executions typically used hydrogen cyanide as the mechanism of death.  Inmates were strapped to chairs in gas chambers and the ensuing chemical reaction would cause visible signs of pain and discomfort: skin discoloration, drooling, and writhing.

But nitrogen hypoxia would likely not produce the gruesome deaths that resulted from cyanide gas executions. Copeland says that “you don’t have to worry about someone reacting differently.” The condemned person would feel slightly intoxicated before losing consciousness and ultimately dying.

Other death-penalty experts are more skeptical.  “It’s only been partially vetted, superficially researched, and has never been tried,” said Richard Dieter, executive director of the Death Penalty Information Center.  “Using it would be an experiment on human subjects.” State death rows would be strapping someone down without any idea what would happen next, he feared.  “We’d need testimony from the best experts on this,” Dieter says. “Right now, this is sailing through a legislature and not a peer-review process. I’m no doctor, but let’s hear from them.  I don’t completely dismiss the idea that this could become approved or that it’s as good as they say because lethal injection is in a bind.”

If the bill becomes law and Oklahoma successfully executes someone using this method, it could spread from to state very quickly, Dieter says.  Older methods like firing squads are a little too brutal for the American public, but something new could be accepted. If so, he says, “it could lead to an awkward spurt of executions.”  Copeland says he is not a death penalty absolutist. “I think the state has a unique obligation for justice — it’s the state’s obligation,” he explains.  “But I don’t think the death penalty is a deterrent compared to life without parole.”  If we must have the death penalty, he argues, it should be humane.

Copeland thinks that it is death penalty abolitionists who have made executions inhumane by restricting access to drugs.  It will only get worse.  Some corrections officials at the Louisiana Department of Public Safety and Corrections agree.  On February 18, they submitted a report to the state House of Representatives proposing the use of nitrogen-induced hypoxia and cited Copeland’s forthcoming paper.

Copeland says that it’s a logical and humane next step. “Nitrogen is ubiquitous. The process is humane, it doesn’t require expertise, and it’s cheap,” he explained. “I think of it as a harm-reduction thing — like you’d rather people not use heroin, but if they do, you want them to use clean needles.”

A few recent and older related posts:

March 21, 2015 in Baze lethal injection case, Death Penalty Reforms, Who Sentences? | Permalink | Comments (4) | TrackBack

Friday, March 20, 2015

Should SCOTUS Justices (and lots of other federal and state judges) regularly visit prisons?

The question of the title of this post is prompted by this interesting local article from Michigan, headlined "Justice goes to prison to weigh Mich. sentencing system."  Here are excerpts from this lengthy story:

On an early March tour of Michigan's prison intake center, new Supreme Court Justice Richard Bernstein learned that corrections officials want more guidance from judges about their expectations for the lawbreakers sent here.

New prisoners and rearrested parole absconders are processed at the three-building complex before being assigned to correctional facilities around the state. Inmates arrive with sentencing orders and other paperwork but nothing to indicate why a judge prescribed a certain prison term or what the goal of it is, Michigan Corrections Director Dan Heyns said.

"It would be helpful for judges to tell us the intent of their sentences," Heyns told Bernstein, the nation's first blind state Supreme Court justice. "If it's strictly to provide public safety, we know how to do that. But if the intent is to get at the root cause of their criminality, tell us that."

Bernstein's unusual visit — prison officials couldn't recall a previous visit from a sitting Supreme Court justice — came as lawmakers attempt to revive failed 2014 legislation calling for reforms of 1998 sentencing guidelines and parole policies. The changes were recommended last May by the Council of State Governments Justice Center, which noted 1 in 5 state dollars is spent on corrections....

Bernstein's visit lasted four hours. He was keen to get a feel for what prison is like and learn how he and the state's highest court might improve coordination between judges who dispense justice and incarceration officials who administer it. Corrections chief Heyns provided examples of the way judges' decisions and state sentencing policies impact costs. For the crime of burglary, for example, the recidivism rate — chance of a repeat offense — is no lower after a five-year sentence than a three-year sentence, Heyns said. "There's no return on our investment for the other two years," he added.

The 41-year-old justice was elected last year to an eight-year term after working at his family's well-known Farmington Hills law firm, which specializes in personal injury litigation, not criminal law.  He handled a number of disability rights cases the firm litigated. "They said I have no experience with the criminal justice system," he said referring to critics of his November campaign for the Supreme Court. "That's a legitimate criticism."

Bernstein said the legal briefs for criminal cases that come before the Supreme Court are "academic" in nature and don't convey the harsh realities of prison life and rehabilitation. At the Charles Egeler Reception and Guidance Center, Bernstein encountered stark facilities where 9,000 men are processed annually. They live for two weeks to a month in barred cells stacked in tiers with yellow-railed gangways....

"I wanted to know what it feels like to come here, I want to know the consequences of our decisions," Bernstein said in the midst of it.  "You learn about how every facet of your life is controlled.  A free person does not think about that."...

At the end, the justice pressed for feedback about how to make the system work better. Half of the job of Supreme Court justices, he said, is to administer Michigan's court system through rules governing their proceedings.  Heyns suggested perhaps something as simple as a statement outlining the expectations in each judge's sentencing order would be a great help to prison officials. Bernstein said he wants to work at it but said any change "won't happen overnight."

Nearly two-thirds of the inmates now feeding into the system through Egeler are first-timers and half of them will be released within two years, according to Heyns.  "We don't have a whole lot of time to do a lot of correction," Heyns told Bernstein. "It calls into question, what are we really accomplishing with these people? It's a huge cost."

I think it is fantastic that this new Michigan Supreme Court Justice took the time to check out one part of his state's prison system. I think all judges with a significant part of their dockets comprised of criminal justice cases ought to consider doing the same. (I would guess that only a very small percentage of federal or state appellate judges have spent any real time inside a prison facility.)

March 20, 2015 in Prisons and prisoners, Scope of Imprisonment, Who Sentences? | Permalink | Comments (9) | TrackBack

"Victim's wife: Keep me out of death penalty fight"

The title of this post is the headline of this notable new article out of Philadelphia which highlights how victims often can and will get victimized again by the political debates over the death penalty.  Here is how the piece starts:

Since Gov. Wolf declared his moratorium on the death penalty last month, proponents of capital punishment have rallied around one case to push their cause - the scuttled execution of Terrance Williams, a Philadelphia man sentenced to die in 1986 for the beating death of a Germantown church volunteer.

But on Thursday, the widow of Williams' victim had a message for critics of the governor's action: Leave me out of it. In a publicly circulated letter, Mamie Norwood, whose husband, Amos, was killed by Williams in 1984, accused State Rep. Mike Vereb (R., Montgomery) and Philadelphia District Attorney Seth Williams of using her husband's slaying for political gain.

"You have never spoken to me and do not speak for me," Norwood wrote, adding that she had forgiven Terrance Williams long ago and did not want to see him put to death. She added: "Please don't use me . . . to get your name in the news. You should be truly ashamed of yourselves."

Norwood's letter was distributed by a group of Terrance Williams' supporters who run the website www.terrywilliamsclemency.com.

Norwood's letter is available at this link.

March 20, 2015 in Death Penalty Reforms, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Victims' Rights At Sentencing, Who Sentences? | Permalink | Comments (5) | TrackBack

Wednesday, March 18, 2015

Does the new Coalition for Public Safety really have "political oopmh" needed to "fix justice in America"?

Coalition_for_public_safetyThe question in the title of this post is prompted by this new Politico magazine commentary authored by Laura Arnold and John Arnold. The Arnolds are the co-founders of the new Coalition for Public Safety, and their commentary is titled "Fixing Justice in America: Here’s why our new left-right coalition has the political oomph to do it." Here are excerpts:

Not every policy debate has to be a fight, even in Washington. Some problems have solutions that Democrats, Republicans and everyone in between can wholeheartedly support. One such example is criminal justice reform. There’s an emerging bipartisan consensus, both in Washington and in the states, that we must reform a system where there is too little justice, too much cost and too many needlessly ruined lives. But getting from general agreement to action requires a concerted effort to change minds and change policy. That’s why we recently helped launch the Coalition for Public Safety, an unprecedented national bipartisan coalition of funders and advocacy partners that will work for smart, fair and just criminal justice reform.

The coalition will work at the local, state and federal level to fix the flawed policies that have conspired to create this problem. The coalition plans a multimillion-dollar campaign in connection with emerging proposals to reduce prison populations, overhaul sentencing, reduce recidivism and address critical structural flaws in our system.

We’re odd bedfellows, but that’s what can make the Coalition such a powerful force. The Coalition will be funded by us, Koch Industries, the Ford Foundation and the John D. and Catherine T. MacArthur Foundation. It will also include partners ranging from the ACLU and the Center for American Progress on the left to FreedomWorks and Americans for Tax Reform on the right. If a group this diverse, with disagreements in so many other areas, can coalesce around criminal justice reform, then there is no reason our political leaders can’t do the same.

Criminal justice reform is a passion of ours and a priority of our Foundation. We work to attack the root causes of pressing social problems, and America’s dysfunctional criminal justice system is at the root of a number of issues. It contributes to poverty, broken families and broken budgets. And like many dysfunctional systems, our criminal justice system has been sustained by a mix of inertia, structural inefficiencies and vested interests that are resistant to change. But the creation of this Coalition is yet another promising sign that the tide is turning in favor of reformers....

Americans should be just as alarmed about the mundane, day-to-day realities of how criminal justice is administered. America imprisons a higher percentage of our citizens than any nation in the world and the numbers are not even close, as our incarceration rate is an indefensible ten times or more that of many other developed countries. And of the over two million people incarcerated in the United States, over 60 percent are imprisoned for nonviolent offenses such as drug possession.

Every citizen is paying a heavy price to support this bloated and ineffective correctional system, which costs taxpayers $80 billion per year. The costs are particularly acute for state governments (86 percent of all prisoners are in state facilities), where spending on incarceration is growing faster than spending on almost everything else including education and transportation.

Some might conclude that the price of mass incarceration is worth paying if it significantly reduces crime by keeping criminals off the street. But it does not. Although the rate of violent crimes in our country has been cut roughly in half since 1990, a number of studies have determined that America’s recent jailing binge had little to do with it. Simply put, we’re pouring tens of billions of dollars into a criminal justice system that doesn’t work at the expense of the crucial public services that our communities need.

The Coalition has two key virtues that no single organization has on its own. The first is critical mass, as it will be well-funded and well-resourced with experienced partners who have fought and won contentious political battles at every level of government. In the months ahead, the Coalition will educate and advocate for federal, state, and local reforms that can reduce our jail and prison populations and associated costs; end the systemic problem of over-criminalization; ensure swift and fair outcomes for both the accused and the victims; and reduce recidivism by breaking down barriers faced by those returning home after detention or incarceration.

The second virtue of the Coalition is the support it can provide political leaders who want to tackle these issues. It’s much harder for criminal justice reform opponents to dismiss a politician as a tool of the left or the right when leading voices on the left and right are in agreement that the politician is doing the right thing. The time is ripe for action. Many states and localities have recently passed ambitious reforms. There are several bipartisan criminal justice bills pending in the House and Senate. And in his State of the Union address earlier this year, President Obama called for bipartisan criminal justice reform in Congress.

It’s time to stop wasting money and ruining lives. It’s time for both parties to come together to build a criminal justice system that is smart, fair and just.

March 18, 2015 in Who Sentences? | Permalink | Comments (1) | TrackBack

Might Utah's gov veto the effort to provide for a firing squad execution back-up plan?

The question in the title of this post is prompted by this AP piece headlined "Death Penalty Opponents Urge Veto of Utah Firing Squad Bill." Here are the basics:

Death penalty opponents are urging Utah Gov. Gary Herbert to veto a bill allowing execution by firing squad if the state cannot obtain lethal injection drugs. Ralph Dellapiana of Utahns for Alternatives to the Death Penalty delivered a petition and a letter to Herbert's office Tuesday. Dellapiana calls firing squads archaic and barbaric.

Herbert, a Republican, has declined to say if he will sign the proposal but says it could offer Utah a backup if it cannot get execution drugs. Utah lawmakers passed the bill last week as states struggle to obtain lethal injection drugs amid a nationwide shortage.

Republican Rep. Paul Ray of Clearfield sponsored the proposal and says a team of trained marksmen is faster and more humane than the drawn-out deaths that occur when lethal injections are botched.

March 18, 2015 in Baze lethal injection case, Death Penalty Reforms, Who Sentences? | Permalink | Comments (1) | TrackBack

Tuesday, March 17, 2015

Sparring over sentencing reform lingo involving the media and Senator Grassley

LogoVia this recent Washington Post piece, I see that Senator Charles Grassley last week delivered this notable floor speech assailing the Smarter Sentencing Act.  Notably, the Post piece, headlined "The Orwellian deception of Chuck Grassley’s 'leniency industrial complex'," attacks some language in Senator Grassley's speech, a speech which itself attacks some language used by advocates of sentencing reform. Here are excerpts from the Post piece:

In a strongly-worded floor speech on Tuesday, Senate Judiciary Chairman Chuck Grassley (R-Ia.) blasted the Smarter Sentencing Act, which is currently before his committee. Grassley accused the bill's bipartisan supporters, including fellow Republicans Ted Cruz, Mike Lee and Rand Paul, of being part of a so-called "leniency industrial complex," a rather colorful turn of phrase.  In the past, he's defined this as "some people in Congress, the public, academia, and the media, who think that sentences that are being imposed on serious criminal offenders are too stringent."  Notice, though, the complete lack of "industry" in Grassley's "industrial complex."

The Smarter Sentencing Act is a fairly modest bill that does not in any way repeal mandatory minimum sentences.  But it does reduce some of them, and it gives federal judges more discretion in how to apply them, particularly ones that apply to nonviolent drug offenders.

That small step toward reform is evidently a bridge too far for Grassley.  He opened his speech with a litany of the dangers and harmful effects of the narcotics trade -- that heroin use is on the rise, that some terrorist groups profit from the drug trade, etc. These facts are hardly in dispute.

The problem is that Grassley believes, contrary to a mountain of evidence, that mandatory minimum sentences are effective tools for combating these problems.... Perhaps the most damning case against mandatory minimum drug sentences is that since they were instituted in the 80s and 90s, the use of illicit drugs has risen and their price has fallen dramatically....

Grassley accuses supporters of the bill of being "Orwellian" in their rhetoric.  In his essay Politics and the English Language, Orwell wrote that "political language has to consist largely of euphemism, question-begging and sheer cloudy vagueness."  There may be no finer example of this than Grassley's use of the term "leniency industrial complex," which would seem to imply the existence of a powerful corporate network that would profit, somehow, from keeping people out of jail....

The only thing Orwellian about the debate over the Smarter Sentencing Act is Grassley's continued insistence that it would cost money, promote crime and benefit an unnamed "industrial complex" -- when in fact it would do the exact opposite.

I share the view that it is silly to speak of a "leniency industrial complex," and there are lots of other linguistic flourishes in Senator Grassley's floor speech that could be extensively picked apart for rhetorical excess and inaccuracy.  But, but the same measure, I understand Senator Grassley's expressed concern with terms like "low-level" and "non-violent" (echoing points previously made here by Bill Otis) because use of these terms in sentencing reform debates are "question-begging" and do involve "sheer cloudy vagueness."  Though I may myself be sometimes guilty of using or repeating these terms, I think a term like "less serious" is a better term that "low-level" (though still vague).  And what can and should qualify as violent or non-violent crime has been such a problem in federal law that the US Sentencing Commission has given up trying to fix this matter and the US Supreme Court might soon blow up a statute for its vagueness in this arena.

Semantic debates aside, the Senator Grassley speech appears most significant for its apparent indication that the mandatory minimum drug sentencing reforms in the Smarter Sentencing Act will not be going anywhere while he is in charge of the Senate Judiciary Committee.  I hope this does not mean all federal sentencing reform is dead, but it does suggest any significant reforms are going to be a long, hard slog.  On a more positive note for would-be reformers, Senator Grassley's latest floor speech indicates that he recognizes "[p]roblems do exist in the criminal justice system," including that "for too many times in America, equality under the law is not a reality [because] the poor do not receive the same justice in many instances."  Perhaps if sentencing reformers can start to emphasize economic inequalities regarding who gets slammed with the toughest sentences, maybe this key Senator will be more open to hearing ideas for reform 

March 17, 2015 in Mandatory minimum sentencing statutes, Sentences Reconsidered, Who Sentences? | Permalink | Comments (4) | TrackBack

Monday, March 16, 2015

Massachusetts Chief Justice taking on prosecutors concerning drug mandatory minimums

This lengthy local article, headlined "Chief justice: Prosecutors “hold the cards” on sentencing," spotlights a war of words in the Bay State over the impact and import of mandatory minimums for drug offenses. Here are excerpts:

The chief justice of the state’s highest court lashed into the mandatory minimum sentencing of drug offenders on Monday, saying the current set-up needs to be abolished because it is “unfair” to minorities, fails to address the drug epidemic and is a “poor investment” of public funds.

In a sharp rejoinder, Boston’s top prosecutor said Monday that Supreme Judicial Court Chief Justice Ralph Gants was advocating for a “return to a failed policy” from 30 years ago. When judges had “unfettered” discretion, they exercised it “poorly,” Suffolk District Attorney Dan Conley said.

Conley, who holds an elected position, said he has not seen judges appear at community meetings in response to crime in Dorchester, Mattapan and Roxbury.  “Have you ever seen a judge out there listening to the community? No,” Conley said.  “Maybe they don’t see that as their position, but they’re operating in a vacuum. They don’t understand how drug traffickers and drug dealers and gang members are turning some neighborhoods in our city into very, very violent communities.”...

In a speech to attendees of a criminal justice conference at UMass Boston, Gants, who has emerged as a vocal critic of mandatory minimum sentencing in drug cases, acknowledged prosecutors have concerns about eliminating the mandatory minimums policy. “Now, let’s be honest: When some district attorneys say they fear judicial leniency, they really are saying that they do not want to relinquish to judges the power to impose sentences that minimum mandatory sentences give to prosecutors,” Gants said.  “They would prefer that prosecutors decide what sentence a drug dealer receives.”

Gants, who worked as a federal prosecutor for eight years, said prosecutors are seeking to maintain “leverage” to induce a plea by dropping the mandatory minimum charge. “I understand why they would like to preserve their power to sentence,” he said.  “What card player would agree to surrender the cards that yield a superior hand? For as long as prosecutors, rather than judges, hold the cards that determine sentences, we will not have individualized, evidenced-based sentences and we will not be applying any of the three principles of just and effective sentencing.”

According to Gants, the three principles are considering the circumstances of the crime and the role of the defendant; ensuring that “the sentence should be no greater than necessary to accomplish the first principle”; and crafting a sentence that enables the defendant to “get past the past” and reduce recidivism.

Gants said the judiciary will implement the three principles through a “best practices” committee created by each trial court department with criminal jurisdiction. The committees will have a first draft prepared by Thanksgiving, and Gants is aiming for implementation of the “best practices” by next spring for cases where mandatory minimums don’t apply....

Gants’ remarks were the keynote address at a summit put together by the Massachusetts Criminal Justice Reform Coalition. During one of the panels that followed Gants’ talk, Conley responded to the chief justice, calling himself “the skunk at the garden party” and the “only alternate voice” in the room.

“I hope at the next summit that we have some more alternate voices and more vigorous debate on the efficacy of minimum mandatory sentences and how they’ve impacted our communities,” Conley said.

Conley said the state’s 11 district attorneys exercise their discretion “judiciously and wisely.” “There needs to be consistency across courtrooms, across counties, across regions, and I would argue that the 11 district attorneys, who are responsive to the public, are in the best position to exercise that discretion,” he said.

Out of a population of about 6.75 million residents, Massachusetts has about 1,000 individuals serving mandatory minimum drug sentences, according to Conley. Massachusetts “ought to be held up, frankly, as a beacon of how other states ought to do it,” Conley said. Conley added: “We shouldn’t leave to chance the idea that 400 judges with 400 different views on how defendants who commit drug offenses ought to be sentenced, and give them full and unfettered discretion. It is a recipe for disaster, I believe.”

During Conley’s response, Gants sat a few feet away from the stage with a smile. When Conley walked off the stage, Gants stood up, smiled again and they shook hands. Gants said he has also spoken to prosecutors about his views. “I deal in a court [in] which there are often dissents, so I’m comfortable with disagreement. It’s respectful disagreement, and we’ll keep talking,” he said.

March 16, 2015 in Mandatory minimum sentencing statutes, Who Sentences? | Permalink | Comments (5) | TrackBack

Another round of notable new posts from the Collateral Consequences Resource Center

It has been a few weeks since I highlighted all the great work still being done regularly over at the Collateral Consequences Resource Center. So here are a bunch of new posts from CCRC from recent weeks:

March 16, 2015 in Collateral consequences, Who Sentences? | Permalink | Comments (0) | TrackBack

"The free-market case for opposing the death penalty"

The title of this post is the headline of this new piece from The Week magazine.  Here are excerpts:

There are lots of ways to execute a prisoner. But in the U.S., at least, the 32 states that still execute prisoners have decided on lethal injection. On its face, lethal injection seems like a clinical, modern, hopefully low-pain, and usually low-key way to kill somebody. Except when it isn't, as we saw in last year's crop of botched executions.

The prolonged, evidently painful deaths of Clayton Lockett in Oklahoma, Joseph Wood in Arizona, and Dennis McGuire in Ohio were tied to experimental drug cocktails necessitated by a shortage of traditional death drugs. This shortage is due largely to a ban by European countries on exporting certain drugs to U.S. states that practice capital punishment. The free market is making a case against capital punishment. So far, the states that actively execute prisoners have been willfully plugging their ears....

With just a single dose of pentobarbital left and 317 inmates on death row, Texas is stocking up on midazolam. It's not clear if Texas can't get pentobarbital because the compounding pharmacies are refusing to sell it to them, or because they can't get the raw ingredients — the Professional Compounding Centers of America told The Texas Tribune that it stopped providing pentobarbital ingredients to its customers in January 2014.

Most compounding pharmacies aren't regulated by the Food and Drug Administration, and their products are uneven. Which compounding pharmacies are Texas, Oklahoma, Ohio, Georgia, Missouri, and other states buying drugs from? They're not saying. Why not? "Disclosing the identity of the pharmacy would result in the harassment of the business and would raise serious safety concerns for the business and its employees," Texas Department of Criminal Justice spokesman Jason Clark explained to The Texas Tribune last month....

Providing lethal injection drugs to state prisons is so toxic that no European country will do it and no American company is willing to do it openly. Gunmakers and abortion clinics advertise their services, but pharmacies and drugmakers won't publicly associate with a form of punishment approved of by 63 percent of Americans. That's the market talking, and it's saying it wants no part of this.

March 16, 2015 in Baze lethal injection case, Death Penalty Reforms, Who Sentences? | Permalink | Comments (13) | TrackBack

"How Prison Stints Replaced Study Hall: America’s problem with criminalizing kids."

The title of this post is the headline of this lengthy new Politico magazine article.  Here are excerpts from the start of the piece:

Police officers in Meridian, Mississippi, were spending so much time hauling handcuffed students from school to the local juvenile jail that they began describing themselves as “just a taxi service.” It wasn’t because schools in this east Mississippi town were overrun by budding criminals or juvenile superpredators — not by a long shot.  Most of the children were arrested and jailed simply for violating school rules, often for trivial offenses....

For many kids, a stint in “juvie” was just the beginning of a never-ending nightmare. Arrests could lead to probation. Subsequent suspensions were then considered probation violations, leading back to jail. And suspensions were a distinct possibility in a district where the NAACP found a suspension rate that was more than 10 times the national average.

In 2012, the U.S. Department of Justice filed suit to stop the “taxi service” in Meridian’s public schools, where 86 percent of the students are black.  The DOJ suit, still unresolved, said children were being incarcerated so “arbitrarily and severely as to shock the conscience.” We should all be shocked.

The reality, though, is that Meridian’s taxi service is just one example of what amounts to a civil rights crisis in America: a “school-to-prison pipeline” that sucks vulnerable children out of the classroom at an alarming rate and funnels them into the harsh world of police, courts and prison cells.

For many children, adolescent misbehavior that once warranted a trip to the principal’s office — and perhaps a stint in study hall — now results in jail time and a greater possibility of lifelong involvement with the criminal justice system.  It should surprise no one that the students pushed into this pipeline are disproportionately children of color, mostly impoverished, and those with learning disabilities.

The story of Meridian is more than an example of school discipline run amok.  It’s a key to understanding how the United States has attained the dubious distinction of imprisoning more people — and a larger share of its population — than any other country.  It’s one reason why the United States today has a quarter of the world’s prisoners—roughly 2.2 million people — while representing just 5 percent of its total population. And it helps explain an unprecedented incarceration rate that is far and away the highest on the planet, some five to 10 times higher than other Western democracies....

The origins of the school-to-prison pipeline can be traced to the 1990s when reports of juvenile crime began to stoke fears of “superpredators” — described in the 1996 book Body Count as “radically impulsive, brutally remorseless youngsters” with little regard for human life.  The superpredator concept, based on what some critics have derided as junk science, is now known to be a complete myth.  Former Princeton professor and Bush administration official John DiIulio, the Body Count co-author who coined the term, admitted to The New York Times in 2001 that his theory of sharply rising juvenile violence had been wrong.

But the damage had been done.  As these fears took root and mass school shootings like the one at Columbine made headlines, not only did states enact law laws to increase punishment for juvenile offenders, schools began to adopt “zero-tolerance” discipline policies that imposed automatic, pre-determined punishments for rule breakers.

At the same time, states across America were adopting harsh criminal laws, including long mandatory prison sentences for certain crimes and “three strikes” laws that led to life sentences for repeat offenders.  The term “zero tolerance” was, in fact, adopted from policing practices and criminal laws that focused on locking up minor offenders as a way to stem more serious crime.

Somewhere along the way, as local police departments began supplying on-duty “school resource officers” to patrol hallways, educators began to confuse typical adolescent misbehavior with criminality.  Schools became, more or less, a part of the criminal justice system. With police officers stalking the halls and playgrounds, teachers and principals found it easy to outsource discipline. Almost overnight, a schoolyard scuffle could now land a kid in a jail cell.

The results have been disastrous.

March 16, 2015 in Offender Characteristics, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (1) | TrackBack

Interesting review of Ohio Gov John Kasich's clemency record

In part because seemingly so few modern executives make regular use of their clemency powers, and in part because Ohio Gov John Kasich has granted clemency in a number of high-profile capital cases, I had come to think my own governor's clemency record was pretty good.   But this new Columbus Dispatch story, headlined "Kasich rarely uses clemency to pardon, commute sentences," details that Kasich's clemency record compares poorly to prior Ohio governors:

In his first four years in office, Gov. John Kasich used his executive clemency power more sparingly than any other Ohio governor in the past three decades.

He granted 66 of 1,521 requests, about 4.4 percent of 1,521 non-death-penalty cases he received and acted upon from 2011 to 2014, according to information obtained by The Dispatch under a public-records request. That makes him the most conservative with clemency of any Ohio governor going back to the 1980s, when the state began tracking gubernatorial clemency.

Last year, Kasich, a Republican who began his second term in January, approved 17 of 433 clemency requests he reviewed, about 4 percent. All of the cases approved were pardons, some going back to crimes committed more than 25 years ago. A pardon wipes out a past criminal record.

Kasich commuted the death sentences of five killers during his first term, but allowed 12 to be executed. He recently used his executive authority to push back the entire execution schedule for a year, to January 2016, to allow time for the Department of Rehabilitation and Correction to obtain sufficient quantities of new execution drugs as permitted by a change in state law....

In the past 30 years, Ohio governors have used clemency in different ways, sometimes reflecting personal ideological persuasions. Former Gov. Ted Strickland, a Democrat, approved 20 percent of 1,615 clemency requests he handled between 2007 and 2011. Most involved low-level, nonviolent offenses, but he did commute five death-penalty sentences to life without parole.

No Ohio governor in modern history has commuted a death sentence and set a prisoner free. Republican governors George V. Voinovich (1991-98) and Bob Taft (1999-2007) each approved less than 10 percent of the clemency requests they received. Gov. James A. Rhodes, a Republican, approved 17.5 percent of clemencies in 1982, his last year in office.

Democrat Richard F. Celeste, governor from 1983 to 1991, used his clemency power most liberally, commuting the death sentences of eight killers on Death Row in his next to last day in office. He also granted clemency to 25 female prisoners, reasoning they were victims of “battered-woman syndrome” and deserved mercy.

Celeste’s actions caused an uproar, and the clemency process was legally challenged. The General Assembly changed the law to require governors to have a recommendation from the Ohio Parole Board before making any clemency decision. The governor doesn’t have to agree with the parole board, but merely have a board recommendation in hand. In fact, Kasich differed with the board in 23 cases last year, each time rejecting clemency for inmates who had been favorably recommended.

March 16, 2015 in Clemency and Pardons, Sentences Reconsidered, Who Sentences? | Permalink | Comments (0) | TrackBack

New York Times editorial assails death decided "by a single vote" in Alabama and Florida

This new New York Times editorial, headlined "Death Sentences, With or Without a Jury," uses the recent Supreme Court cert grant in Hurst to assail a capital punishment system it views as "warped by injustice and absurdity." Here are excerpts:

In Florida and Alabama, death row inmates are challenging perverse state laws on the jury’s role in capital trials. The Supreme Court, which has been intervening more often in death penalty cases, last week agreed to review the Florida law.

In death penalty trials, juries that reach a guilty verdict are usually required in the trial’s subsequent penalty phase to make factual findings, such as whether the crime was especially heinous, that will determine whether the defendant is sentenced to death.

But Florida lets the judge make these findings, and does not require that the jury be unanimous in voting for a death sentence. After Timothy Lee Hurst was found guilty of a 1998 murder of a co­worker in Pensacola, his jury split 7 to 5 in favor of executing him, with no record of whether the majority even agreed on the reason. (Mr. Hurst claims he is intellectually disabled and thus ineligible to be executed.) In other words, Mr. Hurst was effectively condemned by a single vote by an unidentified juror.

Alabama also allows death to be decided by a single vote: that of the judge, who may override a jury verdict of life in prison and replace it with a death sentence, relegating the jury’s status to that of an advisory body. The Supreme Court declined to hear a challenge to the Alabama law in 2013, prompting a sharp dissent from Justice Sonia Sotomayor. She concluded that the state’s judges, who are elected — and who have unilaterally imposed death sentences 101 times after the jury voted for life — “appear to have succumbed to electoral pressures.”

The Alabama law, Justice Sotomayor wrote, undermines “the sanctity of the jury’s role in our system of criminal justice,” and very likely violates the court’s own rulings requiring juries, not judges, to find any fact that would increase a defendant’s sentence. Two new challenges to that law are before the court — one involving a death sentence imposed by a judge after a jury voted 12 to 0 for life — but it hasn’t decided whether to take them up.

This disregard for the jury’s role is all the more offensive given the Supreme Court’s reliance on jury verdicts as a key measure of America’s “evolving standards of decency,” the test it uses to decide whether a punishment is so cruel and unusual that it violates the Constitution. How can those “evolving standards” be accurately measured if the “verdicts” for death are so deeply divided or are in fact imposed by a judge who is rejecting the jury’s call to spare a life?

The Florida and Alabama jury laws are only more proof of the moral disgrace of capital punishment in this country. In Georgia, officials hide their lethal-­injection drug protocol behind state-­secret laws. Missouri has executed an inmate before the Supreme Court ruled on his final appeal. Texas has been trying for years to kill a man suffering from paranoid schizophrenia.

Prior related posts:

March 16, 2015 in Death Penalty Reforms, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (1) | TrackBack

Sunday, March 15, 2015

Senator Paul continues to emphasize criminal justice reform with minority audience

I_stand_with_rand_225quot_buttonThis new New York Times article, headlined "Rand Paul Focuses on Criminal Justice in Talk to Black Students," details the continued efforts by one prominent Senator to preach the need for criminal justice reform to groups historically distrustful of messages delivered by the GOP. Here are the details:

Senator Rand Paul laid out his vision on Friday for a legal system that makes it easier for people with criminal records to get jobs and to vote, telling students at a historically black college here that he believes there are still “two Americas” as the Rev. Dr. Martin Luther King Jr. said almost a half century ago.

Mindful of his audience and, no doubt, his appearance two years ago at Howard University when the mostly black audience was often skeptical of what he had to say, Mr. Paul, a Republican and a likely candidate for president, chose his words more carefully this time during his visit to Bowie State University....

Mr. Paul tried to avoid appearing presumptuous and at one point corrected himself when answering a question about the progress that black Americans have made. “I think sometimes we think we haven’t gone very far when I think we’ve come a long way,” he said, pausing to tweak his wording. “And I say ‘we’ collectively; obviously it’s not me.”...

There were a few awkward moments at the Howard event, like when he told the students that people had told him he was “either brave or crazy” to be there.

But on Friday he kept his remarks focused on correcting inequities in the criminal justice system and expanding economic opportunity. He repeatedly condemned the harsh drug sentencing laws that put so many minority defendants behind bars. “If you smoked some pot or grew some marijuana plants in college, you ought to get a chance,” he said.

Mr. Paul also made a case for expunging criminal records of people who have been convicted of nonviolent felonies so they can find employment more easily, a stance that puts him at odds with many in his party. “As Republicans we’re big on saying, ‘Well, we don’t want people permanently on welfare; we want them to transition from welfare to a job,’” he said. “People say, ‘Well, how am I supposed to get a job? I was a convicted felon.’”...

Mr. Paul, of Kentucky, has made an effort to reach out to African­American constituencies in the past few years, drawing crowds that have traditionally voted for Democratic candidates but are curious about his libertarian brand of conservatism. He spoke at the Urban League’s summer conference in Cincinnati last summer and visited Ferguson, Mo., when protests broke out after a police officer shot an unarmed black man. He has also met with black pastors in Southern cities like Memphis and Louisville, Ky.

Some recent and older related posts:

March 15, 2015 in Race, Class, and Gender, Sentences Reconsidered, Who Sentences? | Permalink | Comments (0) | TrackBack