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October 24, 2019

Julian Castro sets forth criminal justice agenda as "The First Chance Plan"

With this extended discussion on his campaign website, Julian Castro on Wednesday joined the sizeable group of prominent candidates for the 2020 Democratic Presidential nomination with a detailed agenda for criminal justice reform.  (Prior posts have links and highlights from Joe BidenCory BookerPete Buttigeig, Kamala Harris, Bernie Sanders and Elizabeth Warren.)  Castro's plan is called "The First Chance Plan" and has three major sections: "1. Prevention Not Prison  2. Restorative Justice  3. Healing Wounds Of Incarceration."  Here is a paragraph from the plan's intor and a few of many parts of the plan that caught my eye:

At the core of the First Chance Plan is the principle that everyone deserves an effective first chance to succeed. For decades, communities of color have been disproportionately punished by the justice system while at the same time having the odds stacked against them from the beginning.  Many people never had a first chance and this plan will right that wrong. As a nation, we need to focus on preventing crime in the first place, not creating pipelines into prison.  We can build a system that advances real justice, not incarceration, to protect public safety and build stronger communities....

End the War on Drugs. Drug use and addiction is primarily a public health challenge.  In dealing with it primarily as a criminal issue, we have shattered communities, strengthened criminal groups, and locked up those who did not deserve it.  As president, I will bring our misguided War on Drugs to an end....

Plea Reform and Accountability. More than 95 percent of all federal and state cases that end in conviction involve a plea deal.  These decisions happen without a judge or a jury of one’s peers, and often involve prosecutors and police exerting immense pressure, such as pre-trial detention and the threat of excessive sentences on defendants to drive people to take a plea bargain. Under these circumstances, even innocent people have accepted plea deals that involve years in jail,prison, years of monitoring, and permanent records. This is a travesty of justice that must end.  As president, I will require open-file, pre-plea discovery for federal cases, requiring the prosecution to turn over evidence to the defense prior to a plea or trial, with appropriate safeguards to protect the safety of witnesses and individuals who may be at risk.  Additionally, I will require juries to be informed of plea offers as well as potential sentences so they can understand how much a case is truly worth to the state.

Eliminate Mandatory Minimums. Three strikes laws and mandatory minimums are a major driver of mass incarceration. In addition, these laws create steep disparities between the terms of a plea bargain and the likely sentence at trial that defendants face, causing many to abandon their trial rights regardless of the strength of the government’s case or even their own innocence.  As president, I would repeal the 1994 Crime Bill’s mandatory minimums and three strikes laws, and encourage State efforts to do the same.

Invest in Public Defenders. Every defendant deserves to have effective representation and a fair trial.  As president, I will give our nation’s under-resourced and overstretched public defenders the resources they need. We will reopen and expand the Obama-era Office for Access to Justice that President Trump shut down.  Second, we will ensure fair caseload limits and pay equality with prosecutors for public defenders at the federal level, and create a new $500 million federal grant program to achieve these standards at the state and local level. I will also pass legislation creating a new loan forgiveness program for public defenders, and will support ushering in a new wave of proggressive prosecutors.

Legalize Marijuana and Expunge the Records. In 2017, there were almost 700,000 marijuana-related arrests in the United States, with over 80 percent of them related to possession alone. As president, I will legalize marijuana and expunge the records of those convicted for non-violent marijuana offenses.  We will regulate the market and place a tax on all recreational sales, investing billions in revenue generated in the communities disproportionately harmed by the War on Drugs.  Lastly, I will support equity in the legal marijuana industry, including by creating new grant programs that support minority-owned businesses and prioritize people directly affected by the war on drugs in receiving marijuana business licenses.

End Racial Sentencing Disparities. I will eliminate the sentencing disparity between crack and powder cocaine, and order a federal review of all other sentencing guidelines to identify and eliminate other racial disparities....

Abolish the Death Penalty.  There is no moral justification for state-sanctioned killings. Even the worst criminals in our society do not deserve to be put to death. With the pernicious existence of racial bias, the high financial cost of executions, and the disturbing reality that the innocent may be among the condemned, there is simply no justification for continuing the death penalty.  As president, I would order an immediate halt to all federal executions and commute the sentences of those on federal death row’s to life in prison.  I support federal grants for States to end the death penalty and to re-investigate the cases of those sentenced to death by State courts with new technology and renewed attention, in an effort to end the death penalty once and for all in the United States.

End Solitary Confinement as Punishment. Long term isolation in solitary confinement is one of the most harmful policies that remains sadly common in our prisons, jails, and even juvenile justice institutions. It particularly harms those with disabilities and who require mental health treatment.  As president, I will support efforts to end our nation’s use of solitary confinement by banning its use for purposes of punishment.

A few of many prior recent related posts:

October 24, 2019 at 11:35 PM | Permalink

Comments

He also should support making FPDs independent from the Judiciary.

Posted by: whatever | Oct 25, 2019 12:33:47 PM

Maybe in a perfect world, but this guy is painting a multitude of heavy issues, all in the Federal system. Things move at a snails pace, right now they are bogged down trying to dump Pres Trump.

Posted by: MidwestGuy | Oct 25, 2019 2:25:20 PM

Somehow I am unconvinced that Americans would want to resurrect Ted Bundy.

Posted by: William C Jockusch | Oct 29, 2019 9:53:35 PM

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