Monday, December 14, 2015

Will Senate leader ever bring latest federal sentencing reform bill up for a full Senate vote?

The question in the title of this post is prompted by this notable inside-the-Beltway report from the New York Times headlined "Mitch McConnell Demurs on Prospects of Criminal Justice Overhaul."  Here are excerpts:

Despite a concerted push from a broad right-left coalition, Senator Mitch McConnell said he had not determined whether he would bring a bipartisan criminal justice overhaul to the Senate floor next year.  “I haven’t decided yet,” Mr. McConnell, the Kentucky Republican and majority leader, said in an interview on Thursday as he began looking toward 2016.

The Senate leader definitely seemed open to the idea.  He said the proposal, which would reduce some mandatory minimum sentences, lead to early release for thousands of nonviolent offenders and set up new programs to help them adjust to life after prison, seemed to meet his criteria for allocating precious Senate floor time.

“It seems to have pretty broad bipartisan support,” Mr. McConnell said of the criminal justice legislation approved by the Judiciary Committee in October.  “This is the kind of thing, when you look at it, you have principals on both sides who are interested in it.  That makes it worthy of floor time.”

However, the legislation, while endorsed by both conservative and progressive interest groups, could present a sticky election-year vote for some Republicans who typically see themselves as law-and-order politicians.  And the issue could get very complicated should Senator Ted Cruz of Texas become the Republican presidential nominee.  Mr. Cruz voted against the plan in the Judiciary Committee and was outspoken in his criticism.  So if the Republican-led Senate moved forward, it could conceivably be pushing legislation opposed by its candidate for the White House.

It is critical to recall that just a few years ago when Democrats still controlled the Senate, then-Senate leader Harry Reid never brought the Smarter Sentencing Act up for a full Senate vote ever after the SSA passed through the Senate Judiciary Committee with bipartisan support and even though there was good reason to believe the SSA would have garnered majority support from the full Senate.  Thus, as this article spotlights, the passage of the Sentencing and Correction Reform Act through the Senate Judiciary Committee provides no certainty that even the full Senate will get a chance to vote of this reform bill.

As reported earlier, it is clear that the first few months of 2016 now constitute the next critical period for federal statutory sentencing reform.  I remain cautiously optimistic that the broader political and social forces that have so far propelled bipartisan support for reform to this point will help carry some bill through both houses of Congress in some form in 2016.  But I am not counting any sentencing reform chickens anytime before they completely hatch out of Congress and find their way to the desk of the President.

December 14, 2015 in Campaign 2016 and sentencing issues, Criminal justice in the Obama Administration, Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Who Sentences | Permalink | Comments (2)

Sunday, December 06, 2015

Can and will Prez Obama effectively help get a federal sentencing reform bill to his desk?

Justice-refThe question in the title of this post is prompted by this recent Washington Post report, headlined "Obama convenes meeting on criminal justice reform to buoy bipartisanship," discussing a meeting Prez Obama convened with congressional leaders to talk about how to turn reform bills into new sentencing laws. Here the details:

President Obama convened a meeting of more than a dozen congressional Republicans and Democrats Thursday, in an effort to bolster a fragile bipartisan coalition working to reform the criminal justice system.

The House and Senate have been working to craft legislation to reduce mandatory minimum sentences for drug offenders, as well as to revamp aspects of federal incarceration. The Senate Judiciary Committee passed a comprehensive bill on a bipartisan 15-5 vote in October; the House Judiciary Committee has passed five separate measures by voice vote in recent weeks.

But there are a few major differences between the two chambers’ approaches. Most significantly, one of the House bills — the Criminal Code Improvement Act — would require prosecutors in cases as wide-ranging as food tainting and corporate pollution to prove that defendants “knew, or had reason to believe, the conduct was unlawful,” otherwise known as “mens rea.”

That measure has angered many Democrats, who argue that it could block criminal prosecution of some corporate entities — including those owned by Koch Industries, which has helped mobilize conservative support for the overall reform effort. Obama specifically asked lawmakers to remove the provision, according to individuals familiar with the meeting, though House Republicans argued that it was a critical component for conservatives.

“We believe that invites a lot of controversy and delay into our agreement, and the House feels just the opposite,” said Senate Minority Whip Richard J. Durbin (D-Ill.), who attended the White House meeting and co-authored the Senate criminal justice bill.

Sen. John Cornyn (R-Tex.), another co-author of the bill, said that while “nothing was decided” in the more than hour-and-a-half session, he was “very optimistic” after participating in it. “I think it was all a very positive, bipartisan, bicameral, executive, legislative meeting,” Cornyn said, adding that although “there was not consensus” on that issue, there might be a way to work it out in a conference between the two chambers. “But I think part of the message was, ‘Let’s take the things where there is consensus, get that done.’ ”

A spokeswoman for House Judiciary Committee Chairman Bob Goodlatte (R-Va.) declined to comment on the meeting. She noted that the House panel has passed bills on issues including modifying sentencing guidelines and eliminating statutes in the U.S. Code that subject violators to criminal penalties for trivial conduct. The committee will take up measures on prisons, civil asset forfeiture, and criminal procedures and policing in the coming weeks, she added.

Durbin said “we have a good chance” of passing legislation in early 2016, so lawmakers can work out their differences “and send it to the president before midpoint of next year.”

Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa), who helped craft the Senate bill and also met with the president, said the meeting was less about “the path forward” than how to get the two competing proposals brought up for floor votes in the House and Senate.

Obama also pressed for specific numbers on how many individuals would benefit overall from the two proposals, people familiar with the meeting said, because the proposals introduce new sentences even as they reduce some mandatory minimums.

Senator Durbin's comments reinforce my understand that there is a good chance that the full House and Senate will likely vote in January or February on the various reform bills that have already passed the Judiciary Committees. Such votes would pave the way for harmonizing efforts on the bills and perhaps enactment sometime in Spring 2016. I think the commnts coming after this meanign from not only Senator Durbin but also Senator Cronyn lead me to have continued (tempered) optimism that this will get done in some form before Prez Obama leaves the Oval Office.

That all said, the dispute over menas rea reform could throw a wrench into this process, as could various other political developments. Especially if the legislative process drags into the summer, I think whomever emerges as a GOP leader through the primary season could end up having an impact on the sentencing reform debate. In addition, as both the title and contents of this post suggests, Prez Obama also is a critical and complicated figure in all this. Cajoling Congress effectively could help keep the legislative process, but too much advocacy or criticism on sentencing issues coming from the White House could upset an already delicate political balance in this arena.

December 6, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Procedure and Proof at Sentencing, Who Sentences | Permalink | Comments (5)

Thursday, December 03, 2015

Federal statutory sentencing reform not going to happen until 2016 ... if at all

This TPM DC report, headlined "Criminal Justice Reform Is Quickly Running Out Of Time," provides a Capitol Hill update that confirms what I had heard from another source: the full Congress is unlikely this year to get to the criminal justice reform bills that have made it through the House and Senate Judiciary committees. And, as the TPC article goes on to explain, the enduring GOP uncertainty on this front combine with a Prez campaign to perhaps diminish the prospects that any reform gets done anytime soon:

It was supposed to be the rare bipartisan bright spot in the Senate, but a crowded legislative calendar and the looming election year are endangering the last best hope for criminal justice reform while President Obama is still in office. With roughly three weeks left until the holidays, the Senate is prioritizing passing a tax extenders bill, a reconciliation package to defund Obamacare and Planned Parenthood, a transportation bill, and legislation to fund the government. That means time has run out for criminal justice reform in this calendar year.

"No chance it can be done between now and Christmas," Judiciary Chairman Chuck Grassley (R-IA) said Monday evening as he darted off the Senate floor clutching his list of the Republican senators he still intended to convince to sign onto his bill, his handwritten notes scrawled underneath each of their names.

Advocates and outside observers have long anticipated that the best chance for passage of criminal justice reform would be before the practical realities of electoral politics intruded in 2016. With the remainder of the year taken up by other matters, reformers will have to wait until the Senate gavels back in in the new year, in the midst of presidential primary season.

The prospects of pushing forward with the Senate bill just as the Republican presidential primary in particular is in full swing -- with the expected tough-on-crime appeals to the conservative base -- is daunting. Primary season is hardly the time for the Republicans back in Washington to be giving up on the well-honed GOP attack lines on crime and pushing forward a progressive new position on incarceration....

Grassley and supporters are now running short on time to get their bill on the floor especially if Republican frontrunner Donald Trump stays on top. Trump's attempts to tie illegal immigration and criminality have prompted fellow Republican presidential candidates to follow suite. In a race to out-flank one another, the GOP contenders have backed away from the new wave of conservative thinking on criminal justice reform and reverted to echoing the talking points that were cornerstones of the party in the 1980s and 1990s. Sen. Ted Cruz (R-TX) voted against the criminal justice reform bill in committee in October even as he once billed himself as a pro-reform Republican....

While momentum had been building for the Senate's criminal justice reform bill, there are still deep divisions in the Republican Party to contend with. The tug of war is between traditional tough-on-crime Republicans who believe reductions in sentences would lead to a spike in crime and a new generation of conservatives who see an economic argument for reducing mandatory minimums and slashing the costs associated with incarceration.

Grassley and other sponsors like Sen. Mike Lee (R-UT) are working to convince senators like Cory Gardner (R-CO), Shelley Moore-Capito (R-WV) and Steve Daines (R-MT) to sign on, but there are some outspoken opponents who may prove to be immovable. “I think the bill needs more work. I think it needs to be connected with the reality of criminal justice and crime in America," said Jeff Sessions (R-AL) "I would not favor bringing it up and just zipping it through. A number of members in our conference, I think share those concerns.” Freshman Sen. Tom Cotton (R-AR) replied "no comment" when TPM asked him about his position. Former Judiciary Committee Chairman Orrin Hatch (R-UT) said he was concerned the bill would "let out a lot of people who don’t deserve to be let out [of prison.]"

While Democratic sponsors of the bill are publicly optimistic that the legislation can get a vote on the floor even in an election year, Sen. Sheldon Whitehouse (D-RI) admits the lack of GOP unity does put the legislation in some jeopardy. Republican leadership will want to ensure they have buy in from most of their conference if they are going to risk bringing the bill up in an election year and giving President Barack Obama a domestic legislative victory. “I think this is an issue that needs to be wrangled out on the Republican side so the Republicans on the bill need their own leadership to get it some votes," Whitehouse says. "It's not unanimous so the Jeff Sessions and people like that would be out of the floor pushing back the same way they did on the committee."

Sen. Thom Tillis (R-NC) says he's familiar with the process of selling criminal justice reform to a skeptical audience. Tillis was speaker of the North Carolina House when the legislature passed the Justice Reinvestment Act, which made back-end reforms to reduce recidivism. "I know that a lot of people get concerned with it," Tillis said. “It’s not really a soft on crime bill. It is the typical arguments that get used for these sorts of things, but I think the more that we educate people, the broader base of support we will get for it."

Tillis recognizes, however, that the problem is that on the campaign trail, candidates don't have time to explain complicated or new policy proposals. “If candidates on either side of the aisle exploits it for what it is not, yeah it could slow things down," Tillis said." You only get to operate in 15 and 30 second soundbites, and you cannot explain the merits of this bill in that time frame so yeah going on into the early primaries, it could be difficult and they have to stake themselves out.”

I am not yet giving up all hope that Prez Obama could get to sign a federal sentencing reform bill before he leaves office. But, as I have long been saying, an array of political, policy and practical challenges lead me always to be mostly pessimistic about the prospects of significant congressional action on this front.

December 3, 2015 in Campaign 2016 and sentencing issues, Criminal justice in the Obama Administration, Drug Offense Sentencing, Elections and sentencing issues in political debates, Mandatory minimum sentencing statutes, Procedure and Proof at Sentencing, Who Sentences | Permalink | Comments (2)

Monday, November 09, 2015

Former Virginia AG explains why he finds conservative opposition to sentencing reform "so baffling"

Ken Cuccinelli, the former attorney general for Virginia, has authored this notable FoxNews commentary asserting that true conservatives should be true supporters of modern sentencing reform efforts. The piece, headlined "Criminal justice reform: Conservative states have a record of success. So why ignore it?", merits a full read. Here is how it gets started:

With Congress currently considering several different approaches to criminal justice reform, interested parties have long noted that the current situation at the federal level is untenable, featuring stubbornly high recidivism rates, a ballooning prison population, and a Bureau of Prisons that constitutes an ever-growing proportion of the Justice Department’s budget.

In short, we aren’t getting the sort of return on investment — both in terms of cost, but most importantly, public safety — that we’ve come to demand of other areas of government. In such situations, conservatives must take the lead when government has grown inefficient, which is why some recent opposition to reform from the right is so baffling.

Commentators have variously suggested that this effort is “bipartisanship at its worst,” or that our crime rate has declined in recent years because “we have taken crime more seriously” by keeping “serious criminals in jail, not letting them out” despite an entire body of scholarship to the contrary.

Unfortunately, such commentary is long on histrionics — with suggestions that essentially equate re-evaluating mandatory sentences to allow for more tailored, individualized punishments as tantamount to Congress throwing open prison doors indiscriminately — and short on facts and experience which, hitherto, conservatives have prized.

America’s crime rate has indeed fallen substantially in recent decades, but this is due in large part to a paradigm shift in what it means to be “tough on crime.” We can agree that keeping serious criminals in prison is an effective means of preserving public safety, but we must also recognize that the axiom of “putting people in jail and throwing away the key” does not apply to all offenders universally, and can actually be counterproductive.

Incarcerating non-violent offenders in the same population as more dangerous criminals has the effect of inculcating the former into a culture of criminality common among the latter, making them more of a risk to public safety upon release than when they originally went in.

“Tough on crime” policies, particularly mandatory sentences, tend to set such circumstances in stone, and vitiates the possibility of seeking out alternative, evidence-based programs that can divert amenable offenders into treatment. Such programs are more cost-effective, and most importantly, have been proven to reduce the likelihood of recidivism.

November 9, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Mandatory minimum sentencing statutes, Purposes of Punishment and Sentencing | Permalink | Comments (0)

Monday, November 02, 2015

Prez Obama takes criminal justice reform tour to New Jersey, but Gov Christie not pleased by visit

This Reuters article, headlined "Obama pitches help to ex-criminals, draws N.J. governor's ire," details notable talk from notable officials about criminal justice reform today in the Garden State.  Here are the particulars:

President Barack Obama announced new measures to smooth the integration of former criminals into society but his visit to New Jersey on Monday irked the state's governor, a struggling Republican presidential candidate.

Obama, a Democrat who has made criminal justice reform a top priority of his final years in office, praised organizations in Newark for their efforts to help those who have served prison terms to reintegrate into civilian life. "We've got to make sure Americans who have paid their debt to society can earn their second chance," Obama said in a speech at Rutgers University in Newark, a city of about 280,000 that has grappled for decades with poverty and high rates of violent crime.

Obama said he was banning "the box" that applicants had to check about their criminal histories when applying for certain federal jobs. He praised companies such as Wal-Mart, Target, Koch Industries, and Home Depot for taking similar measures in the private sector. The president noted that Congress was considering similar measures.

But New Jersey Governor Chris Christie, who is failing to gain traction in his bid for the Republican Party's nomination to run for the White House in the November 2016 election, said Obama's policies had hurt police departments nationwide. "(Obama) does not support law enforcement. Simply doesn't. And he's going to come today to New Jersey in a place where, under my tenure, we have reduced crime 20 percent and reduced the prison population 10 percent," Christie said on MSNBC TV. "It's a disgrace that he's coming to New Jersey today to take credit for this stuff when he's been someone who's undercut it."

The new steps unveiled by the White House included up to $8 million in federal education grants over three years for former inmates as well as new guidance on the use of arrest records in determining eligibility for public and federally assisted housing....

White House spokesman Josh Earnest questioned the reasoning behind Christie's less friendly welcome on Monday. “Governor Christie’s comments in this regard have been particularly irresponsible, though not surprising for somebody whose poll numbers are closer to an asterisk than they are double digits. Clearly this is part of the strategy to turn that around,” Earnest said.

For more on the specific proposals annouced by President Obama today, this official White House Fact Sheet provides lots of details under the heading "President Obama Announces New Actions to Promote Rehabilitation and Reintegration for the Formerly- Incarcerated."  

Some analysis of the Prez's proposals can be found in this Atlantic piece with this lengthy headline: "Obama's Plan to Help Former Inmates Find Homes and Jobs: Between 40 and 60 percent of ex-offenders can’t find work. Will the president’s new initiative help?"

November 2, 2015 in Campaign 2016 and sentencing issues, Criminal justice in the Obama Administration, Elections and sentencing issues in political debates, Who Sentences | Permalink | Comments (0)

Saturday, October 31, 2015

Might California get two completing capital punishment propositions to consider in 2016?

The question in the title of this post is prompted by this notable new Los Angeles Times article headlined "Voters may weigh competing death penalty measures on 2016 ballot." Here are excerpts:

A pro-death penalty group unveiled a ballot measure Friday that would require death row inmates to work in prison and provide new deadlines intended to expedite appeals.  The measure, which would appear on the November 2016 ballot, is aimed at speeding up executions in California.  The state has executed 13 inmates since 1978, but nearly 750 remain on death row, the largest in the nation. Most condemned inmates die of suicide or illness.

A proposed anti-death penalty initiative also has been submitted for state review, creating the possibility that voters next year will weigh competing initiatives on capital punishment.  Both measures would require current death row inmates to work and pay restitution to victims, but one would keep the death penalty, and the other scrap it for life without parole.

Backers of the death penalty estimate their new measure would reduce the time from conviction to execution from as long as 30 years to 10 to 15 years.  San Bernardino County Dist. Atty. Mike Ramos, one of several supporters who spoke about the measure at a Los Angeles news conference, said it would honor the more than 1,000 victims — including 229 children and 43 peace officers — who have been murdered by inmates on California’s death row.

Neither side in the death penalty debate has yet raised the commanding sums needed to assure ballot placement.  The pro-death penalty group said it has raised $1 million so far. The opposition has raised $350,000. An estimated $2 million is probably needed to gather the required signatures.

Friday's news conference came a few days before the state plans to release a revised method of execution.  The new protocol will involve a single drug rather than the three-drug cocktail previously used. Court rulings have prevented the state from executing anyone since 2006.  A federal judge ruled that the former method exposed inmates to inhumane suffering if one of the three drugs failed to work....

The measure announced Friday is similar to one that death penalty supporters launched more than a year ago.  The earlier proposal did not get enough signatures to qualify for the ballot.  A key difference is that the former was a proposed constitutional amendment, which requires more signatures than a mere change in state law.

Like the earlier measure, the newest one would allow the revised lethal injection method to take effect without exhaustive public comment.  Death row inmates would be housed throughout the prison system.

The state’s voters narrowly defeated a ballot measure in 2012 that would have abolished the death penalty.  Eight states have rescinded capital punishment laws since 2000.

Ana Zamora, the criminal justice policy director for the ACLU of Northern California, which sponsored the 2012 initiative to end the death penalty, said Friday’s proposal would just cause more delays. “The only solution is to keep murderers in prison until they die,” she said.

But Kermit Alexander, whose mother, sister and two young nephews were killed in 1984, said families deserve the execution of those who killed their loved ones. Choking back tears, the former football star said the killer, now on death row, had mistakenly gone to the wrong house when he killed Alexander’s family. “If you prey upon the elderly or massacre our children,” Alexander said, “you should be required to pay the ultimate price. It's the law. … Justice isn't easy. Justice isn't gentle. But justice denied isn't justice.”

As some readers may know, I am a huge fan of direct democracy and thus I am always generally support of any and all efforts to bring important issues directly to voters through the initiative process. In addition, because I generally view the death penalty to be an issue that can be effectively and soundly addressed through the initiative process, I am now rooting for both capital reform proposals to make it to California voters. (Indeed, I have of late been thinking/hoping someone might have the resources and inclination to bring some kind of initiative reform concerning the death penalty to Buckeye voters in my own state of Ohio.)

October 31, 2015 in Baze and Glossip lethal injection cases, Campaign 2016 and sentencing issues, Death Penalty Reforms, Who Sentences | Permalink | Comments (4)

Friday, October 30, 2015

Prez candidate Hillary Clinton now talking abut equalizing crack and powder federal sentences

Flip-flop-Hillary-Long-time readers with a very good memory and those who have followed the debates over crack/powder federal sentencing for a very long time may recall that earliy in the 2008 Prez campaign, candidate Hillary Clinton came out opposed to retroactive implementation of the small reduction in crack guideline sentences that the US Sentencing Commission completed in 2007.  Here are a few posts from eight years ago on this blog on that topic:

I raise this notable federal crack sentencing history concerning Hillary Clinton because of this notable new Wall Street Journal article headlined "Hillary Clinton Calls for Equal Treatment in Cocaine Sentencing." Here are excerpts:

Democratic presidential front-runner Hillary Clinton is calling for equal treatment in sentencing drug offenders who use crack and powder cocaine, part of her agenda for overhauling the criminal justice system. She’s also reiterating her support for a ban on racial profiling by law enforcement officials.

A Clinton aide said she would announce the proposals on her trip Friday to Atlanta, where she plans to address a Rainbow PUSH Ministers’ lunch hosted by the Rev. Jesse Jackson, and where she will appear at a rally to launch African Americans for Hillary, a group supporting her campaign.

Mrs. Clinton’s support among African-Americans is strong and has remained so even through a rocky summer that saw her poll numbers fall with many other voters. Black voters play a significant role in certain Democratic primary states, including South Carolina, which hosts the third nominating contest, and throughout the South, where primaries are set for March 1....

Her approach to criminal justice issues in this campaign is notably different from the tone she took both as first lady and as a U.S. senator, and reflects a growing political consensus that the crackdown on crime that was in full force when Bill Clinton was president has gone too far....

On Friday, she will lay out two specific ideas, with more proposals coming next week, the campaign aide said. First, she’ll propose eliminating disparities in sentencing for people caught with crack and powder cocaine. In 2010, President Barack Obama signed legislation that reduced the sentencing disparity. Until then, to be charged with a felony, crack users had to possess just five grams of the drug, but powder cocaine users needed to be found with 500 grams, a 100-to-1 disparity.

A majority of crack offenders are black, whereas whites are more likely to be caught with powdered cocaine, leading to a dramatic racial disparity in punishment. The gap dropped to 18-to-1 under the 2010 legislation, with the threshold for crack rising to 28 grams. But advocates say that isn’t enough.

The ACLU called the 2010 legislation a “step toward fairness” but said more was needed. “Because crack and powder cocaine are two forms of the same drug, there should not be any disparity in sentencing between crack and powder cocaine offenses—the only truly fair ratio is 1:1,” the group said.

The campaign aide said Mrs. Clinton would support further increasing the threshold for crack offenses so it meets the existing powder cocaine guidelines.

As a senator, Mrs. Clinton supported reducing the disparities between sentencing for crack and powder cocaine. But as a presidential candidate in 2007, she opposed making shorter sentences for crack offenders retroactive, a position that put her to the right of other Democratic candidates. This time, she supports making the change retroactive.

October 30, 2015 in Campaign 2016 and sentencing issues, Federal Sentencing Guidelines, New crack statute and the FSA's impact, New USSC crack guidelines and report, Race, Class, and Gender, Sentences Reconsidered, Who Sentences | Permalink | Comments (15)

Thursday, October 29, 2015

Leading Dems stake out notable positions on death penalty and marijuana reform

For sentencing and criminal justice fans, last night's GOP Prez debate was a big snooze.  But, as the two articles linked below highlight, the leading Prez candidates for the Democrats made headlines in this arena yesterday:

October 29, 2015 in Campaign 2016 and sentencing issues, Death Penalty Reforms, Elections and sentencing issues in political debates, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences | Permalink | Comments (0)

Tuesday, October 13, 2015

Hoping for (and even expecting) some criminal justice reform discussion during Democrats' first Prez debate

Regular readers know I am ever eager to have the national political conversation focus on criminal justice issues, and thus today I am giddy with pre-Democrat-debate anticipation.  As detailed in lots of prior posts linked below, there are plenty of criminal justice topics that would merit attention given that all the Democratic candidates have made notable criminal justice reform statements and have a diverse set of (lengthy) government service records in this arena.  Topics that are less likely to engage the GOP field but should lead to some interesting discourse among the Democratic Prez candidates include the death penalty (which candidate Michael O'Malley catgorically opposes) and private prisons (which candidate Bernie Sanders categorically opposes) and full Colorado-style marijuana legalization (which perhaps everyone opposes except the majority of voters in many key states).

Of particular note, especially with a majority of the Democratic candidates having served in the Senate, tonight's debate is the first since a bipartisan group of Senators announced the remarkable Sentencing Reform and Corrections Act of 2015 (basics of SRCA here).  It would be real interesting, though perhaps much too wonkish, to ask the candidates whether they share some liberal concerns that SRCA does not go nearly far enough to combat the problems of mandatory minimum sentencing and mass incarceration.  I would especially like to hear from former Senator Jim Webb, who was complaining about mass incarceration for years before doing so became hip, on this topic.

Because I will off-line much of the rest of today, this will be my last pre-debate post on criminal justice politics.  I will close by linking to some prior relevant Campaign 2016 posts and also by encouraging readers to fill the comments with questions they would like to see asked of the candidates.

October 13, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Who Sentences | Permalink | Comments (1)

Saturday, October 10, 2015

Should GOP Prez candidates be questioned on why being pro-life and anti-government doesn't lead to death penalty opposition?

The question in the title of this post is prompted by this The Week commentary authored by Bonnie Kristin and headlined "The rise of the anti-death penalty conservative." Here are excerpts:

[P]rotesting abortion is not all the consistent pro-life ethic entails.  As typically expressed, most often in Catholic circles, consistent defense of human life in all its forms also requires opposition to the death penalty and assisted suicide (as well as any involuntary form of euthanasia).

"Life is something that comes from God and shouldn't be taken away by man," explains Father Thomas Reese, a Jesuit priest.  Those with a consistent pro-life ethic "are concerned about a person from womb to tomb."  For all Christians, consistent pro-lifers argue, "Something is definitely wrong when we claim to follow a man who halted an execution (John 8:1–11) and then was unjustly executed by the state, but still prefer justice over mercy."...

[T]here are some conservatives for whom capital punishment is already a pressing issue. "For those of us who are pro-life and maintain the far-from-radical notion that our government shouldn't kill innocent Americans, the death penalty fails to live up to our standards," argues Marc Hyden of Conservatives Concerned About The Death Penalty (CCATDP), a nonprofit that exists to question "a system marked by inefficiency, inequity, and inaccuracy."

And marked by these difficulties it most certainly is.  As CCATDP enumerates, the problems and perils of capital punishment in modern America are many.  There's the risk — as in the Glossip case and too many others, like Marlon Howell or Cameron Todd Willingham — of accidentally killing an innocent person.   More than 150 people sentenced to die in America have been exonerated in the last four decades, some after spending 30 years or more on death row.

Beyond that, the death penalty is exorbitantly expensive for taxpayers — as much as 10 times more expensive than a life sentence by some calculations.  The lengthy process drags out the grief of murder victims' families, endlessly resuscitating it with a new appeal or evidence.  And there's no evidence that the threat of death deters crime.  Furthermore, capital punishment is implemented in a systemically unfair manner: Factors like where you live, your race and the race of your alleged victim, and even whether your judge is elected or appointed can all influence whether you're sentenced to prison or death.

With inequities like these, Hyden argues, there's nothing "limited or wise about giving an error-prone government the power to kill its citizens, especially when many of us don't trust the state to even deliver mail."

In spite of the evidence that — as conservatives tend to agree in other policy arenas — the government is neither competent nor trustworthy, polling suggests that CCATDP is still in the minority on the right: Only 11 percent of Americans oppose both abortion and the death penalty. There is "no significant correlation between attitudes about the legality of abortion and views on capital punishment," according to Robert P. Jones of OnFaith, and if we zoom in on Tea Partiers, support for a consistent pro-life ethic drops to just 7 percent.

So in 2016, Republican debate moderators looking for a tough but thoughtful question to add to their list should consider question grilling presidential contenders on the death penalty.  Thanks to the Planned Parenthood footage — not to mention the cross-partisan popularity of the broader cause of criminal justice reform, as well as the consistently pro-life Pope Francis — the timing is good.  And thanks to the clear discrepancies between opposition to big government handing out a license to kill, on the one hand, and support for the death penalty on the other, the chance to catch candidates in hypocrisy is pretty good, too.

Some prior related posts:

October 10, 2015 in Campaign 2016 and sentencing issues, Death Penalty Reforms, Elections and sentencing issues in political debates, Purposes of Punishment and Sentencing | Permalink | Comments (9)

Wednesday, September 23, 2015

Prez candidate Bernie Sanders: "We Must End For-Profit Prisons"

BernieAs noted in this prior post, last week Senator (and Presidential candidate) Bernie Sanders announced his commitment to ending use of private prison in the United States. This week he has followed up by authoring this Huffington Post commentary under the headline "We Must End For-Profit Prisons." Here are excerpts taken from the start and end of the piece along with its major headings in-between:  

The United States is experiencing a major human tragedy. We have more people in jail than any other country on earth, including Communist China, an authoritarian country four times our size. The U.S. has less than five percent of the world's population, yet we incarcerate about a quarter of its prisoners -- some 2.2 million people.

There are many ways that we must go forward to address this tragedy. One of them is to end the existence of the private for-profit prison industry which now makes millions from the incarceration of Americans. These private prisons interfere with the administration of justice. And they're driving inmate populations skyward by corrupting the political process.

No one, in my view, should be allowed to profit from putting more people behind bars -- whether they're inmates in jail or immigrants held in detention centers. In fact, I believe that private prisons shouldn't be allowed to exist at all, which is why I've introduced legislation to eliminate them.

Here's why:

For-profit prisons harm minorities....

For-profit prisons abuse prisoners....

For-profit prisons victimize immigrants....

For-profit prisons profit from abuse and mistreatment....

Prison industry money is corrupting the political process....

For-profit prisons are influencing prison policy ......

... and immigration policy....

For-profit companies exploit prison families....

Young people are being mistreated and exploited....

I have introduced legislation that will put an end to for-profit prisons. My legislation will bar federal, state, and local governments from contracting with private companies to manage prisons, jails, or detention facilities. Regulators will be directed to prevent companies from charging unreasonable fees for services like banking and telecommunications.

My legislation also takes steps to reduce our bloated inmate population. It reinstates the federal parole system, which was abolished in the 1980s, so that officials can individually assess each prisoner's risk and chance for rehabilitation. It ends the immigrant detention quota, which requires officials to hold a minimum of 34,000 people captive at any given time. And it would end the detention of immigrant families, many of whom are currently held in privately-owned facilities in Texas and Pennsylvania.

It's wrong to profit from the imprisonment of human beings and the suffering of their friends and families. It's time to end this morally repugnant practice, and along with it, the era of mass incarceration.

I have long tended to have an agnotic view of the private prison industry, in part because I generally tend to favor free-market solutions to big problems and in part because I view the public prison industry to be chock full the big problems stressed by Sanders in this commentary.  Nevertheless, Sanders makes a strong case that private prisons exacerbate public harms in incarceration nation.  Moreover, it is now quite interesting and important that a significant rival to Hillary Clinton for the Democratic nomination for President is now making prison reform a big priority on the campaign trail.

Some prior related posts:

September 23, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Prisons and prisoners, Scope of Imprisonment, Who Sentences | Permalink | Comments (3)

Wednesday, September 16, 2015

Hoping (again) to hear criminal justice reform discussion during tonight's GOP debate

Regular readers know I am ever eager to have the national political conversation focus on criminal justice issues, and thus today I am giddy with pre-GOP-debate anticipation again.  As just explained via this new post over at Marijuana Law, Policy and Reform, the location and run-up to tonight's debate has me thinking that federal marijuana laws and policies could possibly get some attention.  In addition, as detailed in lots of prior posts linked below, there are plenty of other criminal justice topics that would merit attention as CNN tries to encourage a "real debate" among the GOP candidates on topics in which they have some real disagreements.

I am due to be off-line the rest of this afternoon, so this will be my last pre-debate post.  I will close it not only by linking to lots of my pre-debate questions from last month, but also by again encouraging readers to fill the comments with questions they would like to see asked of the candidates.

Some recent related posts:

September 16, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates | Permalink | Comments (6)

Thursday, September 10, 2015

Is Donald Trump's bluster hurting the cause of federal sentencing reform?

The question in the title of this post is prompted by this notable lengthy new TPM piece sent to me by a helpful reader and headlined "How Donald Trump Threatens To Blow Up Bipartisan Criminal Justice Reform." Here are excerpts:    

A long-awaited, hard-fought criminal justice reform push is coming to Washington this fall, with lawmakers of both parties making progress on legislation to curb mass incarceration. But after spending years convincing lawmakers that tackling the issue of mass incarceration would not make America more dangerous or put their political careers in jeopardy, advocates are now watching with growing dread as the GOP primary veers back toward the usual tough on crime rhetoric.

Just a few months ago, reformers were celebrating that most of the 2016 GOP pack had signaled that, at least in theory, they supported retooling America's justice system. But, as has been the case with so many other sensitive issues, the entrance of Donald Trump has changed the dynamic. Now instead of talking about criminal justice reform, the GOP primary contenders are warning of a supposed nationwide crime spike, touting the mandatory-minimums in "Kate’s Law," and lobbing “soft on crime" accusations.

“I’m concerned about the impact on the push for justice reform because we’re expecting a bill at some point this month,” Jason Pye, director of Justice Reform at the conservative FreedomWorks, told TPM. “I’m concerned about the impact of the rhetoric on that.”

Trump may not solely be to blame for the shift in tone. But in interviews with TPM before his entrance in to the race, justice reform advocates expressed cautious optimism that the GOP field had more or less coalesced around curbing mass incarceration, and they believed it was unlikely to become a flashpoint in the primary.

Trump may have conflated the issue, they now contend, by linking illegal immigration and violent crime, thus prompting many of his rivals to take harder lines, too. Coupled with warnings of a summer crime spike, the campaign trail has taken a turn back to the ‘90s, with candidates falling into old patterns of invoking crime fears to rile their constituencies.

“For the most part these candidates aren’t talking about these issues right now, it’s largely focused one person and we know who that person is, for better or for worse,” said Pye of FreedomWorks, the major DC advocacy outfit with Tea Party roots that plays an important role in pushing criminal justice reform from the right....

Last week, Trump released an ad attacking former Gov. Jeb Bush that critics said echoed the notorious Willie Horton ad that Bush's father used against Michael Dukakis in the 1988 presidential race.  The ad flashes the mugshots of undocumented immigrants charged or convicted of murder over Jeb Bush's infamous immigration is an "act of love" comments, and ends with placards saying "Love? Forget Love. It's Time Get Tough!" Bush's spokesperson responded by calling Trump a "soft on crime liberal."

“They look like tweedledum and tweedle dumber in terms of this very retro style of exploiting these old arguments,” liberal justice reform leader Van Jones said in an interview with TPM last week, referring to the Trump and Bush spat.

Meanwhile, conservatives have taken a harsh line on Black Lives Matter, a movement that includes calls for overhauling law enforcement and justice policies. Led by Fox News, conservatives have accused the protest movement, without basis, of inciting violence against police officers.  Trump accused Black Lives Matter this week of "looking for trouble” and suggested they were being "catered to" by Democrats.

The rhetoric has spread beyond Trump, which is of particular concern to criminal justice reform advocates. A few high-profile police deaths have prompted candidates like Sen. Ted Cruz (R-TX) and Wisconsin Gov. Scott Walker (R) to blame the Obama administration for, as Walker put it, “a tendency to use law enforcement as a scapegoat.” New Jersey Gov. Chris Christie (R) has called for the return of stop and frisk, vowed to crack down on marijuana legalization, and blamed “liberal-leaning mayors and cities” and their “lax criminal justice policies” for the stabbing death of a former intern in Washington, D.C.

“There are two things that are troubling,” said Inimai Chettiar, director of Justice at the Brennan Center. “One, that people are saying that there is a crime wave now and they’re implying that crime is going to be going up as a permanent trajectory -- which is wrong -- and that second people are blaming criminal justice policies and particularly policing policies for this.”...

Already, balancing the various concerns of those interest groups was a delicate dance for lawmakers hammering out federal legislation.  But heated campaign claims -- be it about Black Lives Matter, undocumented immigrants or police fatalities -- isn’t helping to smooth over tensions....

Nevertheless, Senate advocates for reform insist legislative progress can be made despite the campaign trail rhetoric. “There’s been heated rhetoric for decades around justice reform,” said Ben Marter, a spokesman for Sen. Dick Durbin (D-IL), who is involved in crafting the anticipated compromise bill.  “But the senators negotiating this legislation have put their partisan differences aside to negotiate a solution in good faith.”

Likewise, advocates are hopeful the most ardent justice reformers in the GOP field will resist relying on such language.  “I would get worried if suddenly other candidates less desperate and flailing than Governor Bush started jumping on that bandwagon,” Jones said.

But the proposal known as Kate’s Law shows how easily legislative progress can be undercut by the kind of the knee-jerk reactions to sensationalized tragedies that contributed to the creation of mass incarceration policies in the first place. The legislation, inspired by Steinle's murder, would impose mandatory sentencing minimums on undocumented immigrants who return to U.S. after being deported and, according to Families Against Mandatory Minimums, would add nearly 60,000 people to the federal prison population.

Trump has made Steinle’s murder a focal point of his campaign (despite the desires of her family), and conservative media have fanned the flames. Cruz -- who has previously touted his interest in criminal justice reform -- has embraced the measure, while other candidates have also expressed support. So far, cooler heads in Congress have prevented Kate’s Law from gaining traction there. “Watching Kate’s Law unfold is like watching history repeat itself,” FAMM government affairs counsel Molly Gill told TPM, comparing it to 1986 drug overdose by college basketball star Len Bias that led to federal mandatory drug sentencing. “We’ve come a long way in the last 30 years in our understand of crime and recidivism and using evidence-based approaches. But a lot of times we’re still legislating like that never happened."

​For years, criminal justice reformers have labored to convince politicians that dismantling ‘80s and ‘90s era crime legislation -- through cutbacks on mandatory minimums or softening of drug laws -- will not making them look “soft on crime.” The best proof they had was the success of a number of state lawmakers -- especially in red states -- in curbing mass incarceration without facing political consequences. They have also had to do this working within a tenuous coalition balancing competing priorities. “With consensus around criminal justice reform from both sides of the aisle that hasn’t been seen for a generation, it would be a shame for presidential candidates to undermine this by exploiting negative imagery and stereotypes for mere political gain,” said Janai Nelson, associate director-counsel of the NAACP Legal Defense and Educational Fund, in a statement to TPM.

September 10, 2015 in Campaign 2016 and sentencing issues, Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Who Sentences | Permalink | Comments (8)

Wednesday, August 26, 2015

Notable talk of crimnal justice reform at GOPAC State Legislative Leaders Summit

My local Columbus Dispatch has this notable article about notable policy message that was delivered to top GOP state lawmakers at a notable conference this week.  The article is headlined "Packing prisons not the answer, lawmakers told," and here are excerpts:

Meeting in a state where more than 50,000 people live in prisons built to hold about 39,000, Republican state lawmakers from across the country were told Tuesday that “tough on crime” must be replaced by a smarter approach to criminal justice.

“Conservatives recognize we have too many criminal laws,” said Patrick Purtill Jr., director of legislative affairs for the Faith and Freedom Coalition, told a room of GOP lawmakers attending the annual GOPAC State Legislative Leaders Summit, held this year in Columbus.

“We’re sending too many people to prison. We’re spending too much money to keep them there for far too long. And we’re doing too little to re-enter them into our communities. It’s becoming increasingly clear that over-criminalization and over-incarceration are making our communities less safe.”

Republicans are leading the country on criminal-justice reform, said David Avella, chairman of GOPAC, a national group that grooms Republican lawmakers and candidates and provides forums for the sharing of conservative policies. “If you want to look at how we heal some of the divisions our country faces right now, this is a winning issue for us,” he told the conference, which runs through Thursday.

The Faith and Freedom Coalition is one of seven organizations stretching across the ideological spectrum that is partnering with the U.S. Justice Action Network to implement laws that reduce prison populations, implement more rational criminal penalties, and do more to help inmates re-enter society.

Ohio, along with Pennsylvania and Michigan, currently are the Action Network’s three target states for criminal justice reform. The group is working with Ohio lawmakers such as Senate President Keith Faber, R-Celina, and Rep. Barbara Sears, R-Sylvania. “These reforms make us safer. They’re not just cost-saving measures,” said Holly Harris, executive director of the Justice Action Network, pointing to Pew Chartable Trusts data that shows states with the biggest drops in prison populations also are seeing some of the greatest decreases in crime rates....

Faber, an attorney and former probation officer, told the [Ohio legislature's] Recodification Committee in June to “ swing for the fences.” He told GOPAC attendees that he knows Republicans have traditionally approached criminal justice with a “tough on crime” attitude. “This isn’t about making sure the bad guys get out earlier,” he said. “But we need room for the really bad guys, and the question is what do we do about the people that aren’t so bad?”

Faber hopes the committee will have recommendations by next summer. “One of the things I hope we do is give judges discretion back,” Faber said. “Another thing we need to look at is making that finer line between what is a felony and what isn’t. I also hope they look at what we need to increase the penalties for to stop that recidivism cycle.”

August 26, 2015 in Campaign 2016 and sentencing issues, Drug Offense Sentencing, Elections and sentencing issues in political debates, Purposes of Punishment and Sentencing, Who Sentences | Permalink | Comments (0)

Thursday, August 20, 2015

"Bernie Sanders Announces Bill to Abolish Private Prisons, Hints at Marijuana Policy Platform"

The title of this post is the headline of this notableg piece via the Marijuana Politics website that reports on some recent statements by Senator Sanders on the campaign trail that should be of special interest to sentencing law and policy fans. Here are excerpts (with links from original):

Bernie Sanders isn’t done talking about criminal justice reform — in fact, he’s merely getting started.  The presidential contender continues to rise in the polls and sensible Drug War reforms will only increase his standing with the Democratic base.

Appearing at a campaign rally in Nevada on Tuesday, the Vermont Senator and Democratic presidential candidate talked at length about the unfairly punitive policies that plague the American justice system and disproportionately affect people of color in the United States. Speaking to the crowd of 4,500 supporters gathered outside the University of Nevada, Sen. Sanders went beyond his previous speeches on the issue, announcing that, come September, he will be introducing federal legislation which would abolish for-profit private prisons.

“When Congress reconvenes in September,” Sanders said, “I will be introducing legislation, which takes corporations out of profiteering from running jails.”

Tackling the problem of for-profit prisons is a bold move for a federal legislator, as the prison industry is a hugely profitable part of the U.S. economy.  The top two private prison companies in the country, Corrections Corporation of America and GEO Group, have a combined annual revenue of over $3 billion, much of which is spent lobbying elected officials to protect their bottom line.  While some states, such as New York and Illinois, have enacted laws to ban the privatization of prisons, for-profit prisons have tragically remained a staple of the American criminal justice system, in large part due to the country’s skyrocketing incarceration rates made possible by the War on Drugs.

Bernie Sanders also indicated that the War on Drugs will be a focus of his campaign. “We want to deal with minimum sentencing,” Sanders said Tuesday,  “Too many lives have been destroyed for non-violent issues.  People that are sent to jail have police records. We have got to change that.  Our job is to keep people out of jail, not in jail.”  According to audience members, Bernie Sanders also said that his campaign will be addressing marijuana legalization in the weeks to come.

August 20, 2015 in Campaign 2016 and sentencing issues, Drug Offense Sentencing, Elections and sentencing issues in political debates, Prisons and prisoners, Who Sentences | Permalink | Comments (3)

Monday, August 17, 2015

Should there really be so much left-leaning distrust for the Koch brothers' criminal justice reform work?

MaxresdefaultThe question in the title of this post emerged as read this lengthy Washington Post article about recent federal sentencing reform efforts headlined "Unlikely allies: A bipartisan push for sentencing reform unites President Obama and the Koch brothers, but many are still waiting behind bars."  Here are the excerpts that especially generated the question in the title of this post (with some links preserved):

When he gives speeches, Charles Koch says he asks those in the audience to raise their hand if they have never made a mistake that could have gotten them in serious trouble.  “I’ve never had anyone raise his or her hand,” he said in his office on the sprawling Koch Industries campus here.  “There, but for the grace of God or good luck or good fortune go all of us.”

The industrialist said his interest in overhauling the criminal justice system is not new.  For 12 years, Koch Industries, the country’s second-largest private company with a $115 billion valuation according to Forbes, has been working with the National Association of Criminal Defense Lawyers, and is providing funding to train lawyers who represent indigent defendants.  The group honored Koch Industries a few years ago with its Defender of Justice Leadership award.

He describes his focus on sentencing reform as part of his libertarian philosophy of limited government and his commitment to removing barriers of opportunity for the poor.  He said Obama should do more and do it faster to rectify the effects of mandatory minimum sentences, especially for the disadvantaged and men and women of color.

“Clemency for a few — to me, that isn’t just,” said Koch, noting that the president has not granted clemency to Angelos despite appeals to do so from a large group of bipartisan lawmakers.  “If you have 1,000 people who got unjust sentences, to give clemency to [a few] — what about the others? Why should they suffer?”

But some Democratic groups remain skeptical about any recasting of the Kochs’ image as anything other than megadonors who have long backed Republican politicians, including tea party candidates.  They’ve ridiculed the effort as “Kochshank Redemption,” playing off the name of the 1994 movie “Shawshank Redemption,” about an inmate sentenced to two life terms.

Liberal blog ThinkProgress has questioned how the Kochs can support criminal justice reform while also supporting candidates such as Wisconsin Gov. Scott Walker.  As a state legislator, Walker sponsored dozens of tough-on-crime bills, including ones to increase mandatory minimum sentences and not allow parole for many offenders.

Critics have also noted the Kochs’ support for the American Legislative Exchange Council (ALEC), an advocacy group that helped push for mandatory minimum sentences, tough three-strikes laws and privatization of the prison industry.

Liberal watchdog group Bridge Project last month released a report, “The Koch Brothers’ Criminal Justice Pump-Fake,” attacking their work on criminal justice issues, saying the Kochs’ interest in reform stems from a 97-count indictment and prosecution charging the Koch Petroleum Group and several employees with violating the Clean Air Act at its refinery in Corpus Christi, Tex.

David Uhlmann — the federal prosecutor who was head of the environmental crimes section of the Justice Department — described the lawsuit as “a classic case of environmental crime: illegal emissions of benzene — a known carcinogen — at levels 15 times greater than those allowed under federal law.” “Koch pleaded guilty and admitted that its employees engaged in an orchestrated scheme to conceal the benzene violations from state regulators and the Corpus Christi community,” said Uhlmann, now a law professor at the University of Michigan Law School.

Uhlmann, along with other critics, are reluctant to accept the Kochs’ support for criminal justice reform at face value, and believe there must be a deeper political agenda — possibly to include the later pursuit of legal reforms that will benefit corporations. “Their advocacy for less draconian drug laws could prove to be a stalking horse for their long-standing efforts to protect corporate criminals and roll back environmental, health and safety laws,” he said.

Koch Petroleum was fined $10 million in the Corpus Christi case and ordered to pay another $10 million to fund environmental projects. In a plea agreement, the charges were dropped against the four employees. In Charles Koch’s opinion, the federal case was unjust. “We had four innocent employees indicted,” he said. “Okay, the company can handle it. Okay, we pay a fine and so on. What’s so upsetting is seeing what it did to them personally and their families.”

And Mark Holden, Koch Industries’ general counsel and senior vice president, said the company “was railroaded” and its experience in the Corpus Christi case “is what really started us working on criminal justice issues.”

Of the skeptics, Holden said, “People are going to believe what they want to believe. We’ve been working on these issues for 12 years now.  Charles has had these views his whole life, by and large.  Just judge us by our actions. We’re in this for the long haul.” In a nod to the moment, Holden has a T-shirt in his office with the words: “Koch. Not Entirely Awful,” playing off the words of a recent article.

Van Jones, the president of #Cut50, a group seeking to cut the incarcerated population by 50 percent over the next 10 years, and the former special adviser on Obama’s Council on Environmental Quality, defends the Kochs.

“In a democracy, when you disagree with somebody, you should really work hard against them,” Jones said. “We oppose the Koch agenda when it comes to their pro-polluter, extremist agenda for the environment, and we fight real hard.  But when you agree with them, you should work really hard alongside them.  On criminal justice reform, we’re very proud to work alongside them.”

“And,” Jones added, “I never met a single person in prison who said, ‘I sure hope the Republicans and the Koch brothers don’t help me.’ ”

This final quote from Van Jones highlights one reason why I am such a big supporter of the Kochs' criminal-justice reform efforts.  But, perhaps even more significantly, because much of my own affinity for modern sentencing refrom comes from a libertarian distrust-for-big-government, dislike-of-wasteful-government-spending foundation, I see the Kochs' efforts here as a natural out-growth of their broader philosophy and not a "pump-fake" in any way.  But maybe I am just naive in the ways of the world, and perhaps others have different views on the question in the title of this post.

Some prior related posts on Koch family efforts in support of criminal justice reform:

August 17, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Who Sentences | Permalink | Comments (9)

Thursday, August 06, 2015

Some (simple? tough?) questions on crime and punishment for the GOP field

Images (8)As detailed in some prior posts below, I have been gearing up for tonight's big GOP debate by suggesting criminal justice reform topics that I think should be a significant part of the conversation among all serious candidates for President. Here I want to turn to developing a few (pointed?) questions on these topics that might be asked of all the GOP candidates during tonight's planned festivities.

I seriously doubt the FoxNews moderators asking questions tonight regularly turn to this blog for help on how they do their jobs. But I am at least hopeful that a range of folks in social media might help ensure the mainstream media gives sufficient attention to crime and punishment topics throughout the 2016 election season. With that aspiration in mind, here are some questions I would like to see asked:

On prison policies: "The United States has 5% of the world's population but nearly 25% of the world's prisoners. Why do you think this is so, and do you think this is a national problem that a President should be trying to address?"

On state marijuana reform: "The decision by Colorado voters to legalize marijuana for adults has helped create tens of thousands of new jobs and considerable new tax revenues. President Obama's Justice Department has seemingly adopted a hands off approach concerning these sorts of state-level marijuana reforms. Would you continue or change this approach and why?"

On clemency practices: "For most of his presidency, Barack Obama was criticized for pardoning more turkeys than people. But now, after instructed his Justice Department to work harder identify good clemency candidates, his admininstration has hinted he could ultimately reduce federal prison terms for hundreds of non-violent drug offenders. What approach might you take as President in the exercise of your constitutional clemency powers?"

From Bill Otis via comments at Crime & Consequences: "Which more nearly reflects your view: That, as Attorney General Holder and some Republicans have said, we have too many people in prison for too long; or that we haven't yet done enough to keep criminals off the street?"

Of course, I welcome additional suggested questions via the comments to this post. And I am especially hopeful all folks seriously interested in serious discussion of criminal justice reform will join me in trying to ensure these kinds of issues get their due tonight and in all future debates throughout the 2016 campaign.

A few recent related posts:

August 6, 2015 in Campaign 2016 and sentencing issues, Who Sentences | Permalink | Comments (4)

Wednesday, August 05, 2015

Shouldn't front-runner Donald Trump be asked about drug war and federal marijuana policies at GOP debate?

Now that all the GOP polls show a significant number of Republican voters are taking Donald Trump's candidacy seriously, I think it would be especially valuable at tomorrow's big GOP debate for candidate Trump to be asked some seriously hard questions about federal laws and policies.  Back in June, I had this pose on my marijuana reform blog highlighting that Trump had once suggested full legalization would be the only way to "win" the drug war, and I wondered aloud "Just what is Donald Trump's position now on modern marijuana reforms (and the modern drug war)?".  Especially now that Trump is, according to the polls, the GOP front-runner, I think this would be an especially good issue to bring up with him.

Notably, a few media outlets have just recently picked up on Trump's not-so-clear and not-at-all-consistent statements about federal drug policy:

As I have explained in a few prior posts both here and at Marijuana Law, Policy & Reform (some of which I have linked below), I think there are lots of good reasons to ask all the GOP candidates lots of good questions about lots of different criminal justice reform issues. But, especially in light of Trump's prior comments and what at times seems to be his libertarian-leaning, less-government-regulation, pro-jobs economic messaging, I would be especially interested now to hear what he thinks about some of the positive economic development news emerging from Colorado and other jurisdictions in conjunction libertarian-leaning, less-government-regulation marijuana and related drug war reforms.

A few recent related posts:

August 5, 2015 in Campaign 2016 and sentencing issues, Drug Offense Sentencing, Pot Prohibition Issues, Who Sentences | Permalink | Comments (2)

Monday, August 03, 2015

"Let's hear from the presidential candidates on clemency reform"

The title of this post is the headline of this timely new op-ed authored by Rachel Barkow and Mark Osler.  Here are excerpts:

On Thursday in Cleveland, Fox News will host the first substantive presidential debate. The moderators will undoubtedly pepper 10 Republican candidates with questions about health care, government spending, foreign affairs and immigration.

For once, they should also ask the participants what they would do with one of the most powerful tools given to the chief executive by the United States Constitution -- the pardon power, which vests the president with the unilateral and unchecked authority to reduce sentences of individuals who are currently incarcerated and clear the records of those who are already done serving their sentences.

Unfortunately, we usually pay attention to clemency only after it has been used in a controversial way. When Bill Clinton pardoned Marc Rich, we suddenly cared about clemency. When George W. Bush commuted the sentence of (but declined to pardon) Scooter Libby, people on both sides of the issue were upset. And no one has forgotten the Nixon pardon.

But the framers intended clemency to perform a systematic function in the constitutional system of checking overbroad laws and correcting injustices in individual cases, and that requires foresight, principles of action, and attention to structure. All of the modern presidents have failed to fulfill the framers' vision. Yet we never ask candidates how they would use this enormous power before they enter office — we just act surprised when they use it.

This is the right time to change that dynamic. President Barack Obama has announced an intention (so far unrealized) to use clemency aggressively to address the over-incarceration of narcotics defendants, raising the profile of this issue. That project has also brought to the surface both underlying policy issues and an unwieldy consideration process that is plagued with as many as seven levels of review.

And given the increasing bipartisan support to address mass incarceration, it is an opening to see how the candidates view the president's role in dealing with that issue. At a Republican debate, it opens the door for the candidates to critique the Obama administration's approach and to reveal what they would do to change what past presidents agree is an inefficient and ineffectual clemency bureaucracy. Republicans often value efficiency and cost savings, and a properly functioning clemency process offers an opportunity for both....

Whatever the answer, it will tell us a great deal about them. We will learn what kind of vision, if any, they have for changing entrenched and failed bureaucracies. And we will learn how seriously they view the problem of mass incarceration and criminal justice supervision in this country.

Our plea to the moderators of this and future debates (Democrat and Republican) is thus a simple one: For the first time, ask the candidates how they would use clemency, that great unchecked power of the presidency. They will certainly ask those who seek to be president how they would use the terrible swift sword of war; they should also be bold in asking the candidates how they would use this powerful tool of mercy in an age of mass incarceration and punitiveness.

August 3, 2015 in Campaign 2016 and sentencing issues, Clemency and Pardons, Who Sentences | Permalink | Comments (1)

Sunday, August 02, 2015

Prez candidate O'Malley joins chorus of leaders advocating criminal justice reform

This USA Today article reports on the latest presidential candidate's latest discussion of the need for criminal justice reform.  The piece is headlined "O'Malley pledges criminal justice reform," and here are the details:

Democratic presidential candidate Martin O’Malley stressed his urban affairs experience as Baltimore mayor as he pledged Friday to improve race relations and the criminal justice system. The nation has moved toward racial justice, “but we are not there yet,” the former Maryland governor told a National Urban League presidential forum, citing recent killings and abuse involving police officers. “In our country, there is no such thing as a spare American,” O’Malley said.

While other candidates have talked about criminal justice reform, O’Malley said, “I have actually done it.” In outlining a criminal justice agenda, O’Malley pledged to change sentencing laws so that punishments fit crimes and to end racial disparities in sentencing, including crimes involving crack and powder cocaine. O’Malley, who is lagging far behind in Democratic polls, also called for an end to the death penalty.

August 2, 2015 in Campaign 2016 and sentencing issues, Who Sentences | Permalink | Comments (1)

Wednesday, July 29, 2015

Hoping GOP debates take up criminal justice reforms (including clemency and marijuana policy)

Next week in Cleveland is the first "real" event of the 2016 Prez campaign: the top ten of the sixteen declared GOP candidates will share the stage for a debate.  And, as the title of this post highlights, I am rooting hard (but not really expecting) that a number of criminal justice reform issues, including topics like clemency and marijuana reform, play a big role in this first big debate and in the many future debates sure to follow.

Because I am professionally engaged in criminal justice issues, I am sure it comes as no surprise that I am hoping this first debate takes up these issues.  But I also think these issues are especially (1) timely as Prez Obama and Congress start paying more attention to federal sentencing reform, and (2) likely to lead to a number of diverse and insightful discussions among the many GOP Prez candidates.  Unlike issues like ObamaCare and the Iran deal, where all GOP voices have fairly comparable records and perspectives, all the GOP candidates (both major and minor) have very different track records and have engaged in very different forms of policy advocacy on criminal justice and sentencing issues.

In a post next week, I may start articulating specific criminal justice reform question that I think would be especially valuable to pose to all GOP candidates.  For now, I just wanted to spotight my view and hope that the 2016 campaign, as it reallt gets going, will give considerable and serious attention to criminal justice issues from start to finish.

July 29, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Who Sentences | Permalink | Comments (1)

Thursday, July 23, 2015

Is it a big concern when a Prez candidate gets "big money" from private prison companies?

The question in the title of this post is prompted by this local story from Florida headlined, "Marco Rubio is Getting Big Money from For-profit Prison Companies." Here are excerpts:

According to Open Secrets, the second-largest for-profit prison operator in the country, GEO Group, is one of the top contributors to Marco Rubio's presidential campaign. Between 2013 and 2014, GEO Group gave Rubio $41,500, more than any other presidential candidate. The group is the ninth highest contributor to Rubio's campaign.

Is that a problem? Prison reform advocates think so, pointing to Rubio's actions as an elected official that have helped for-profit prisons — including a $110 million state contract that went to GEO back when he was Speaker of the Florida House.

"On a system that makes them wealthier the more people there are in jail, the only reason they would lobby these sort of things is because they expect their money to have a financial return," says Paul Kruger, executive director of Florida's chapter of Citizens United for Rehabilitation of Errants, a prison reform advocacy group....

The presidential contender's ties to the for-profit industry are not new. And prison reform activists have always been wary of the lucrative connection between for-profit prisons and politics. But Rubio's ties are gaining steam online thanks to a petition demanding that Rubio cut ties with GEO Group for good now that he's running for president.

"Your ties to the prison industry go back to your years in the Florida state legislature and they’re disturbingly close," the petition states. "A presidential candidate should not be associated with imprisoning people for profit. You must break ties with the for-profit prison industry."

The for-profit prison industry is big business, raking in almost $3 billion a year nationally. Boca Raton-based GEO Group operates prisons throughout the southeast and since 2009 have added 7,600 new prison beds and grown by 10 percent.

Advocates point out that that Rubio's ties go beyond just taking donations. Back in 2006, Rubio hired Donna Arduin as an economic consultant. She's a former trustee for GEO Group. In 2011, after being elected a Florida state senator, Rubio hired Cesar Conda as his chief of staff. Conda is the co-founder of Geo Group's main lobbying firm, Navigators Global. While working under Rubio, Conda was still earning $150,000 from Navigators Global from a stock buyout agreement. In 2014, Conda went to lead Rubio's PAC, Reclaim America. It was during Conda's management that GEO Group became one of Rubio's top-10 contributors. Now, Conda is working back at Navigators Global....

Kruger contends that the companies are fueling a prison-industrial complex as they funnel big bucks into politics. He believes that Rubio — or any elected official in politics — shouldn't accept money from for-profit prison groups. "They don't do it because the guy is handsome," Kruger says. "They want to decide who goes to jail and for how long."

July 23, 2015 in Campaign 2016 and sentencing issues, Prisons and prisoners, Scope of Imprisonment, Who Sentences | Permalink | Comments (1)

Wednesday, July 22, 2015

Intriguing comments on prisons from GOP candidate Ben Carson

Because I cannot quite figure out which of the current 16 GOP Presidential candidates to take seriously, I am inclined to spotlight in this space any interesting comment made by any of the candidates concerning sentencing law or policy.  Today, in this lengthy Washington Post article, I see Dr, Ben Carson recently had some interesting comments about modern prison practicalities and policies:

In addressing the young Republicans, Carson also said that he, like President Obama, had visited federal prisons.  "I was flabbergasted by the accommodations -- the exercise equipment, the libraries and the computers," he said.  He said he was told that "a lot of times when it's about time for one of the guys to be discharged, especially when its winter, they’ll do something so they can stay in there."

At the same time, Carson said that too many Americans are going to prison. "We're not doing things the right way," he said. "A lot of people that we incarcerate don’t need to be incarcerated."

After the event, he elaborated. "I think that we need to sometimes ask ourselves, 'Are we creating an environment that is conducive to comfort where a person would want to stay, versus an environment where we maybe provide them an opportunity for rehabilitation but is not a place that they would find particularly comfortable?'" he told reporters.

July 22, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (11)

Friday, July 17, 2015

Gov Christie joins growing chorus of GOP leaders urging reform of "broken" criminal justice system

Download (15)As highlighted by this Politico report, headlined "Chris Christie calls for ‘fresh approach’ to criminal justice," the only GOP presidential candidate with a long history as a federal prosecutor has now joined the ever-growing group of mainstream Republican voices advocating for significant criminal justice reform. Here are the basics of what the New Jersey Governor has to say on this front:

Chris Christie, decrying the large number of Americans in prison, on Thursday said it’s time to fix what he called “a broken criminal justice system.”

“Today, our prisons contain more people than any other nation in the world – 25 percent of the world’s prisoners,” the New Jersey governor and 2016 presidential candidate said in a speech in Camden, New Jersey. “I believe in American exceptionalism, but that’s not an achievement I think any of us want.”

Christie’s call for action came almost at the same time as President Barack Obama’s tour of a federal prison in El Reno, Oklahoma on Thursday as part of his administration’s push for criminal justice reform.

In recent months, a series of deaths of unarmed black men by white law enforcement officers, and resulting riots, has sparked a national discussion about racial tensions, policing, and the U.S. prison system. It’s given a boost to a rare bipartisan push on justice reform, especially mandatory minimum sentences that disproportionately affect minority communities.

On Thursday, Christie talked about the importance of getting violent criminals off the streets, but he said harsh prison sentences don’t solve everything. “Peace on our streets is more than just the absence of violence. Justice isn’t something we can jail our way to. Justice is something we have to build in our communities,” Christie said.

He also framed his argument in terms of conservative values. “I happen to be pro-life, and I believe very strongly in the sanctity of life,” Christie said. “But I believe that if you’re going to be pro-life, then you ought to care about life beyond the womb. An unborn child is life. But life is also that 16 year-old addict lying on the floor of the county lockup.”

Specifically, Christie pointed to his own record in New Jersey as a path forward. He said New Jersey’s drug court program works, calling it a policy that keeps people out of prison and saves money. He said if he becomes president he will replicate it on the national level.

“Drug court is about making every one of our citizens long-term productive members of society again – because we should want that for everyone,” Christie said. He said that first time offenders of non-violent crimes should get treatment and non-custodial sentencing options. He also said that when people are put behind bars there needs to be a plan for rehabilitation for when they get out.

I am particularly intrigued to hear a GOP Presidential candidate with a long history as a federal prosecutor (and whose campaign slogan is "telling it like it is") now calling our criminal justice system broken. Another long-time former federal prosecutor, Bill Otis, has frequently taken to Crime & Consequences to complain when former Attorney General Eric Holder said our current system is broken. And in a comment dialogue following his latest posting in this arena, Bill seemed to suggest that some establishment Republicans may only be pretending that they share such a view in order to get campaign dollars from the Koch brothers. But given Gov. Christie's personal background and campaign themes, I would be really surprised if he would now be saying the system is broken if he did not really believe it.

July 17, 2015 in Campaign 2016 and sentencing issues, Drug Offense Sentencing, Elections and sentencing issues in political debates, Purposes of Punishment and Sentencing, Who Sentences | Permalink | Comments (6)

Friday, May 29, 2015

Highlighting that GOP candidates are so far way ahead of candidate Hillary Clinton on mandatory minimum reforms

Jacob Sullum has this new Reason posting which highlight that, so far, two high-profile Republican candidate for President have had more interesting and important things to say about mandatory minimum reform than the presumptive Democratic nominee.  The piece is headlined "Paul and Cruz Are Running to Clinton's Left on Sentencing Reform: The presumptive Democratic nominee wants to do something about mandatory minimums but won't say what." Here are excerpts:

In its story on the repeal of Nebraska's death penalty,The New York Times notes that "liberals and conservatives have been finding common ground on a range of criminal justice issues in Washington and around the country." One example it cites: "On the presidential trail, Hillary Rodham Clinton and Senators Ted Cruz and Rand Paul have all called for easing mandatory minimum sentences." That is literally true, but the implied equivalence is misleading, since the two Republicans are advocating specific reforms, while Clinton has not ventured beyond vague generalities...

Although Clinton refers to "measures," she cites just one: the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007, which she cosponsored six months after it was introduced. That bill, which would have eliminated the sentencing disparity between crack cocaine and cocaine powder, did not go anywhere. Three years later, Congress almost unanimously approved a law that reduced crack penalties, although they are still more severe than the penalties for powder. If you combine Clinton's talk about reform with her end note referring to the 2007 bill, you might surmise that she thinks the smoked and snorted forms of cocaine should be treated the same. But as far as I know she has not said that explicitly or endorsed any other specific change in sentencing.

By contrast, Paul on Cruz are both on record as supporting substantial sentencing reforms, including, in Paul's case, effectively abolishing mandatory minimums. "I am here to ask that we begin today the end of mandatory minimum sentencing," Paul said at a Senate Judiciary Committee hearing in 2013.  On Bill Maher's HBO show last fall, Paul declared, "I want to end the war on drugs because it's wrong for everybody, but particularly because poor people are caught up in this, and their lives are ruined by it."  I have never heard Clinton take a position halfway as bold as those, and I doubt I ever will.

It is pretty striking when self-identified conservatives seeking the Republican presidential nomination are more credible on criminal justice reform than the presumptive Democratic nominee.  Paul in particular is not only bolder than Clinton on this issue, which is traditionally identified with left-leaning Democrats, but more passionate as well. 

May 29, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Who Sentences | Permalink | Comments (4)

Wednesday, May 27, 2015

"Will Mike Huckabee's Forgiveness of Joshua Duggar Extend to Other Youthful Offenders?"

The question in the title of this post is the headline of this provocative Huffington Post commentary authored by Steve Drizin. Here are excerpts: 

I confess that I had never heard of Josh Duggar before Friday. I never watched TLC's 19 Kids and Counting show, never knew that Duggar was the eldest son of the Duggar family clan which includes ten boys and nine girls, never knew that Duggar worked for the Family Resource Council, the influential conservative Christian lobbying group. Mr. Duggar's name didn't register with me until the news broke this week that he had molested young girls, including several of his sisters, when he was a 14-year-old.

Now he matters to me.  Not because of who he is or what he has done, but because Republican Presidential candidate Mike Huckabee came to Mr. Duggar's defense. While other potential Republican conservative candidates, many of whom have been pictured with Duggar over the years or have publicly supported his family's values, stayed silent on the sidelines, Mr. Huckabee moved quickly to call for forgiveness for Mr. Duggar....

Mr. Huckabee's statements have aroused the ire of many of his supporters.  His Facebook page lit up with angry comments from fans.  But I am not writing to join those who want to bury Mr. Huckabee.  As someone who has represented many teenage offenders, I want to praise him.

Mr. Huckabee's call for mercy in this age of retribution is an act of political courage. Although his recognition that youthful offenders are less culpable for their crimes due to their immature judgment and more amenable to rehabilitation is, in the words of the United States Supreme Court, something that "every parent knows" and a matter of "common sense," few politicians -- conservatives, moderates, or liberals -- have echoed his words.  In my book, he gets points for being willing to take a risk, even if he is simply stating the obvious when talking about young people who commit crimes.

But the book is not yet closed on Mr. Huckabee with regard to the Duggar affair.  Will Mr. Huckabee stand silent on these issues in his run for the Presidency? O r will he use this case as a "teachable moment" and engage other conservatives (and moderates, liberals and progressives) in a debate about juvenile justice reform?

Will Mr. Huckabee's endorsement of forgiveness and privacy for Mr. Duggar, extend to the thousands of other adolescent sex offenders, who unlike Mr. Duggar, were convicted of sex offenses and are paying the price by being required to register as sex offenders. Will he call for mercy for these young men and women as well?  Will he support efforts to allow them to prove that they are no longer a danger and no longer need to register? ...

Will Mr. Huckabee's recognition that "being a minor means that one's judgment is not mature" lead him to oppose prosecuting juveniles as adults, housing them in adult jails and prisons, or sentencing them to mandatory prison sentences?  If he truly believes that young people are capable of rehabilitation, will he oppose life without parole and other draconian sentences for juveniles? Will he support greater funding for programs aimed at rehabilitating them? ...

Just how far will Mr. Huckabee's grace extend? Does he believe in second chances only for wealthy, white, or religious teenagers who use their influence and connections to get diverted from our juvenile and criminal justice systems or will he support the same second chances for the poor, mostly black and brown teenagers who fill our juvenile and criminal jails and prisons?

Is this true political courage or one-off favor for a politically connected friend and his family?  Only time will tell.

May 27, 2015 in Campaign 2016 and sentencing issues, Offender Characteristics, Sex Offender Sentencing, Who Sentences | Permalink | Comments (1) | TrackBack

Friday, May 08, 2015

"We clearly need criminal-justice reform" says GOP Prez candidate Carly Fiorina

This Des Moines Register article (and video) details some notable new comments on criminal justice reform and drug policy from a notable new GOP Prez candidate.  Here are excerpts: 

The nation should stop overreacting to illegal drug use and stop doling out jail sentences that are way too long, Republican presidential candidate Carly Fiorina said in Iowa on Thursday.

"We know that we don't spend enough money on the treatment of drug use," said Fiorina, former chief executive of Hewlett-Packard. "When you criminalize drug abuse, you're actually not treating it. We had a daughter who died of addictions, so this lands very close to home for me." Fiorina's daughter Lori, a drug and alcohol addict, died in 2009.

The "three strikes and you're out" law doesn't work well, and all the drug laws affect African-Americans more than others, Fiorina told The Des Moines Register's editorial board during an hourlong meeting.

"I don't think that overreacting to illegal drug use is the answer," said Fiorina, who officially entered the 2016 race on Monday and is the only woman in the GOP field. She has never held elected office, but ran unsuccessfully for U.S. senator in California.

Asked whether she favors decriminalizing marijuana, Fiorina answered: "No, I do not think we should legalize marijuana."...

Asked whether, as president, she'd direct the U.S. attorney general to enforce federal drug laws in states such as Colorado, Alaska, Washington and Oregon, Fiorina said she wouldn't. "I believe in states' rights," she said. "They're within their rights to legalize marijuana, and they're conducting an experiment I hope the rest of the nation is looking closely at."

May 8, 2015 in Campaign 2016 and sentencing issues, Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Purposes of Punishment and Sentencing, Who Sentences | Permalink | Comments (5) | TrackBack

Wednesday, May 06, 2015

"On Criminal Justice Reform, Ted Cruz Is Smarter Than Hillary Clinton"

The title of this post is the effective title of this piece by Jacob Sullum appearing last week at Reason that captures my reaction to two of the notable essays in this fascinating Brennan Center publication titled "Solutions: American Leaders Speak Out on Criminal Justice."  Here are excerpts from Sullum piece explaining why criminal justice reforms might reasonably be more excited by the prospect of a Prez Cruz rather than another Prez Clinton:

The Brennan Center [book] ... features worthy and substantive contributions from, among others, Sens. Rand Paul (R-Ky.), Cory Booker (D-N.J.), and Ted Cruz (R-Texas), not to mention nonpoliticians such as UCLA criminologist Mark Kleiman and Marc Levin, founder of Right on Crime.  Even New Jersey Gov. Chris Christie, who is not exactly thoughtful on the subject of, say, marijuana legalization, has some interesting things to say about bail reform.  And then there are former President Bill Clinton, Vice President Joe Biden, Wisconsin Gov. Scott Walker, Sen. Marco Rubio (R-Fla.), and former Secretary of State Hillary Clinton, who either support policies that contribute to overincarceration and excessive punishment, fail to acknowledge their past support for such policies, or have nothing specific to say about how to correct those policies....

Hillary Clinton ... notes that as a senator she supported shorter crack sentences (as did almost every member of Congress by the time a bill was enacted in 2010).  But unlike Paul, Booker, and Cruz, who describe actual pieces of legislation they have either introduced or cosponsored, Clinton is decidedly vague about what reforms should come next.

Clinton wants us to know "it is possible to reduce crime without relying on unnecessary force or excessive incarceration," which may sound wise but is actually a tautology. Instead of unnecessary force or excessive incarceration, she suggests, "we can invest in what works," such as "putting more officers on the streets."  Clinton, her husband, and Joe Biden all seem to agree that you can never have too many cops.  She also mentions "tough but fair reforms of probation and drug diversion programs," along with more money for "specialized drug courts and juvenile programs."  That's about as specific as she gets.

Clinton fills out the essay with platitudes and self-aggrandizing references to Robert Kennedy and "my friend" Nelson Mandela.  She also name-checks "Dr. King."  Possibly all three of these men have something to do with criminal justice reform, but if so Clinton never bothers to elucidate the connections.  It is sad that the Democratic Party's presumptive presidential nominee would offer such a shallow discussion of a subject on which Democrats are supposed to be more enlightened than Republicans. By contrast, three less prominent Democrats — Booker, former Maryland Gov. Martin O'Malley, and former Virginia senator Jim Webb — contributed essays that are actually worth reading.

Clinton's essay is especially embarrassing compared to Ted Cruz's.  Although Cruz is not as passionate, active, or ambitious on criminal justice reform as Rand Paul is, his essay includes succinct and informed discussions of the bloated federal criminal code, the leverage that mandatory minimums give prosecutors, and the virtual disappearance of trial by jury in criminal cases, along with specific reforms to address these problems.  Democrats who think Hillary Clinton is savvier or smarter than Cruz may reconsider after reading these essays side by side.

Recent related posts:

May 6, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Who Sentences | Permalink | Comments (3) | TrackBack

Thursday, April 30, 2015

What does new Prez candidate Bernie Sanders have to say about criminal justice reform?

As reported in this new AP article, headlined "Vermont Sen. Bernie Sanders announces 2016 presidential run," Hillary Clinton now has some official competition for the Democratic nomination for president. But, as highlighted by the question in the title of this post, while Sanders "enters the race as a robust liberal alternative to Hillary Rodham Clinton," it is entirely unclear what he thinks about various state and federal criminal justice reforms being discussed and debated nationwide. Here are excerpts from the AP article concerning Sanders' plans for his campaign:

[H]e pledged to do more than simply raise progressive issues or nudge the former secretary of state to the left in a campaign in which she is heavily favored. "People should not underestimate me," Sanders said. "I've run outside of the two-party system, defeating Democrats and Republicans, taking on big-money candidates and, you know, I think the message that has resonated in Vermont is a message that can resonate all over this country."...

Sanders said he would release "very specific proposals" to raise taxes on wealthy Americans and corporations, as well as offer tuition-free education at all public colleges and universities. He touched on his past opposition to free-trade agreements, his support for heavier regulations of Wall Street and the nation's banking industry, and his vote against the Keystone XL oil pipeline as a preview of his campaign.

In a quick review, I could not find any discussion of any sentencing issues on Sanders' Prez campaign site or Senator webpage, and I cannot recall any notable comments by him on any significant criminal justice reform issues. For that reason (and others), I continue to think that an array of GOP candidates more so than any Democratic candidates are most likely to push Candidate Clinton on criminal justice issues.

April 30, 2015 in Campaign 2016 and sentencing issues, Who Sentences | Permalink | Comments (5) | TrackBack

Wednesday, April 29, 2015

Candidate Clinton laments mass incarceration, but proposes only a "national debate" to address it

I have now had a chance to read this full text of Hillary Clinton's big policy speech on criminal justice reform delivered today at Columbia University (previewed here).  If forced to summarize my reaction in a word, I would probably go with ... MEH.  

The Clinton speech included plenty of heart-felt expressions of existing problems because, in Clinton's words, "we have allowed our criminal justice system to get out of balance."  She also claimed to have past legal experiences that enabled her to "see how families could be and were torn apart by excessive incarceration."  But despite staying that it was "time to change our approach [and] to end the era of mass incarceration," Clinton provided no concrete (or even not-so-concrete) proposals that could help chart a new approach that would help end the mass incarceration era. 

Though the Clinton speech merits a read in full, here are some excerpts from Clinton's comments on "how we approach punishment and prison":

It's a stark fact that the United States has less than 5 percent of the world's population, yet we have almost 25 percent of the world's total prison population. The numbers today are much higher than they were 30, 40 years ago, despite the fact that crime is at historic lows.

Of the more than 2 million Americans incarcerated today, a significant percentage are low-level offenders: people held for violating parole or minor drug crimes, or who are simply awaiting trial in backlogged courts. Keeping them behind bars does little to reduce crime. But it is does a lot to tear apart families and communities....

Without the mass incarceration that we currently practice, millions fewer people would be living in poverty. And it's not just families trying to stay afloat with one parent behind bars. Of the 600,000 prisoners who reenter society each year, roughly 60 percent face long-term unemployment. And for all this, taxpayers are paying about $80 billion a year to keep so many people in prison....

If the United States brought our correctional expenditures back in line with where they were several decades ago, we'd save an estimated $28 billion a year. And I believe we would not be less safe. You can pay a lot of police officers and nurses and others with $28 billion to help us deal with the pipeline issues.

It's time to change our approach. It's time to end the era of mass incarceration. We need a true national debate about how to reduce our prison population while keeping our communities safe.

I don't know all the answers. That's why I'm here — to ask all the smart people in Columbia and New York to start thinking this through with me. I know we should work together to pursue together to pursue alternative punishments for low-level offenders. They do have to be in some way registered in the criminal justice system, but we don't want that to be a fast track to long-term criminal activity, we don't want to create another "incarceration generation."

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April 29, 2015 in Campaign 2016 and sentencing issues, Scope of Imprisonment, Who Sentences | Permalink | Comments (6) | TrackBack

Candidate Hillary Clinton to call for criminal justice reforms that would “end the era of mass incarceration”

Images (3)As reported in this Los Angeles Times article, all the media chasing around a notable presidential candidate are about to have a meaty and timely criminal justice reform story.  The headline of the LA Times piece is "Hillary Clinton to call for end to 'mass incarceration'," and here are excerpts:

Hillary Rodham Clinton will call Wednesday morning for far-reaching reforms in the criminal justice system that would “end the era of mass incarceration,” according to a campaign aide.

In a speech at Columbia University in New York City, Clinton will address the violence in Baltimore with plans for a new approach to punishing criminals, according to the aide, who requested anonymity because the proposal is not yet public.

The speech will mark the unveiling of Clinton’s first major policy proposal as a presidential hopeful, coming as candidates are under pressure to confront the unrest in Baltimore. The city erupted in rioting Monday night, following the funeral of Freddie Gray, an African American man who was mortally injured while in police custody.

The plan also appears to stem from the “listening tour” Clinton has been on since launching her campaign this month. In roundtable meetings with voters in the early-voting states of Iowa and New Hampshire, the drug issue played prominently. Clinton said at the meetings that she was alarmed by the stories people relayed to her about how drugs are infecting rural communities.

She began talking about her proposal at a campaign fundraiser in New York City on Tuesday night, a gathering of about 150 supporters who donated $2,700 each. “It’s heartbreaking,” Clinton said of Baltimore. “The tragic death of another young African American man. The injuries to police officers. The burning of people’s homes and small businesses. We have to restore order and security. But then we have to take a hard look as to what we need to do to reform our system.”

Clinton said the nation must “reform our criminal justice system.” As she called to end mass

incarceration for nonviolent offenders, donors erupted in applause. In Wednesday’s address, Clinton will also join the chorus of politicians demanding that police officers everywhere be equipped with body cameras. Clinton will argue they are necessary “to improve transparency and accountability in order to protect those on both sides of the lens,” according to the aide.

The sentencing reforms Clinton plans to champion focus on nonviolent offenders. They would include shifting those found guilty of drug crimes from lockups to drug treatment and rehabilitation programs. Other alternative punishments would also be explored for low-level offenders, particularly minors. Mental health programs would get a boost in funding.

“She will also discuss the hard truth and fundamental unfairness in our country that, today, African American men are far more likely to be stopped and searched by police, charged with crimes and sentenced to longer prison terms,” the aide wrote in an email.

I am going to be off-line for most of the rest of today, but I am going to be very eager to learn about (and blog about) late tonight the specifics of what Candidate Clinton is going to be advocating in order to end the era of mass incarceration.  I am hoping that the full Clinton plan will be somewhere on this Clinton campaign official website, though it is right now hard to find anything substantive on that website.

Based on this press report, it sounds as though she is not going to be advocating too much more than what nearly all the other presidential candidates, including all the Republican candidates, have been talking about for some time.   Moreover, a genuine understanding of how best to "end the era of mass incarceration" has to include some account for how the policies of President William Clinton contributed significantly to that era.  But perhaps, rather than already expect to be disappointed, the new Clinton plan will have something at least as bold as what GOP candidate Rand Paul has been proposing already for a number of years.

April 29, 2015 in Campaign 2016 and sentencing issues, Drug Offense Sentencing, Scope of Imprisonment, Who Sentences | Permalink | Comments (0) | TrackBack

Tuesday, April 28, 2015

Highlighting GOP leaders' notable new essays on criminal justice reform

As reported in this prior post, the Brennan Center for Justice today released this fascinating new publication titled "Solutions: American Leaders Speak Out on Criminal Justice" composed of essays by over twenty high-profile politicians and policy-advocates.  I find especially interesting and important the essays authored by GOP leaders because many members of the Republican Party have, generally speaking, until recently been less likely to vocally advocate for nationwide criminal justice reforms.  For that reason, I thought it worthwhile here to provide links just to those Solutions article authored by seven GOP leaders (going in alphabetical order):

April 28, 2015 in Campaign 2016 and sentencing issues, Elections and sentencing issues in political debates, Who Sentences | Permalink | Comments (1) | TrackBack

Wednesday, April 22, 2015

More good and important questions criminal justice questions for the 2016 Prez field

Images (2)As explained in this prior post, I think we already have enough declared candidates for President to early to start assembling criminal-justice reform questions to ask any and all persons pursuing the top position in the Executive Branch of the US Government. As also noted in that prior post, Radley Balko got this task off to a running start earlier this month via this extended Washington Post piece headlined "Are you running for president? Please answer these questions about the criminal justice system." I now see folks at The Crime Report have this effective follow-up headlined "Campaign 2016 and Criminal Justice."

This valuable Crime Report piece provides  effective context for a discussion of criminal justice reform during the (already underway) 2016 Prez campaign, and and a number of question that should be of special interest to sentencing fans:

In our system, most of the gritty justice issues, from overcrowding in jails and prisons to police use of force and errant prosecutors, are dealt with on a state and local level—not by the feds.

Nevertheless, leadership in the White House matters: it establishes priorities, frames the national agenda and sets a tone. And we clearly need leadership today.

Crime and justice issues are back on the national agenda to an extent that hasn’t been seen since the “tough on crime” era of the 1990s.

Not a single question on the topic was asked during the 24 presidential, vice presidential and primary debates leading up to the 2012 election.

Perhaps that’s understandable. National opinion polls have shown steadily diminishing public concern about crime over the past two decades — in effect, tracking the national decline in crime rates.  Of course, it’s worth noting that polls have also shown that public safety remains high on the list of issues troubling many of our poorest cities and neighborhoods.

But while politicians might be forgiven for largely staying away during recent presidential election cycles from the hot-button subject of crime and justice (a silence, it must be said, that some commentators have welcomed for the breathing space it has allowed efforts at serious reform), they shouldn’t get a pass now.

We’re confronted today by the consequences of our collective failure to deal with many of the problems that the anti-crime policies of past decades set in motion —and by our persistent failure to address the glaring and deep-rooted inequities that those policies exposed....

Readers of The Crime Report are well informed of these challenges. And it’s also gratifying to note that some of the prospective candidates from both major parties have begun to acknowledge them as well. In this one area of our national life, at least, a healthy bi-partisanship has begun to appear.

But we need to make sure that a healthy debate about justice reform doesn’t get swept under the rug by the homogenizing pressures of a political campaign. It’s hard to separate what ails American criminal justice from the systemic problems of American society—from racism to economic inequality and our underfunded educational system. It’s never been more important to get our would-be leaders on the record.

So, as our own contribution to the effort, The Crime Report plans over the next few months to ask each candidate targeted questions about his or her ideas and visions for fixing what many consider our “broken” criminal justice system—and to publish them here....

Following the path blazed by Balko, our editorial team has come up with 13 questions we believe deserve honest and practical answers. You can read our proposed questions below....

The War on Drugs. The federal government has historically allocated about the same amount of resources to drug interdiction on the border and abroad as for drug treatment in the U.S. Is that a fair division, or would you spend more or less money on either function?...

Sentencing Reform. What steps would you take with Congress to reduce the long prison sentences that have contributed to the growth in our federal prison population? What steps would you take to encourage states to do the same?...

Marijuana. Federal law makes marijuana an illegal drug, but several states have either legalized recreational pot—or are considering doing so. What would you do about this contradiction? Do you favor changing the federal classification of marijuana as a dangerous drug?...

Capital Punishment. Do you favor capital punishment for terrorism or other heinous federal crimes?...

Overcriminalization. Do you believe we have overcriminalized too many behaviors that pose little or no danger to public safety? If so, what will you do about it?

Recent related post:

April 22, 2015 in Campaign 2016 and sentencing issues, Who Sentences | Permalink | Comments (1) | TrackBack

Monday, April 13, 2015

Lengthy list of hard criminal justice questions for the 2016 Prez field

With Hillary Clinton and soon Marco Rubio throwing their hats into the proverbial ring, it is now no longer too early to start assembling some hard criminal justice reform question for persons pursuing the top position in the Executive Branch of the US Government.  Helpfully, Radley Balko go this task off to a running start last week via this extended Washington Post piece headlined "Are you running for president? Please answer these questions about the criminal justice system." A few too many of Radley's questions are focused on policing issues for my taste, but here are a few sentencing fans may like:

— Several media reports, advocacy groups and judicial opinions (including a recent opinion by Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit) have described an epidemic of prosecutor misconduct across the country.  Do you believe there is a widespread problem of prosecutor misconduct in America? Do you believe the federal government has a responsibility to address it?

— What do you believe is the primary function of prisons — to punish people for doing bad things, to isolate dangerous people from society, or to rehabilitate criminals so they can reenter society as productive citizens? What do you believe our prisons primarily do today?

— Should people convicted of nonviolent felonies be permitted to vote once they’ve served out their sentences?

— One sign of moral leadership is a willingness to do the right thing even if it is politically unpopular.  According to U.S. Sentencing Surveys of federal judges, federal judges by a wide margin believes the federal sentencing guidelines for one crime is more disproportionate and unfair than any other.  That crime is possession of child pornography. Would you support an effort to pass more reasonable sentences for this crime?....

— Do you believe that Colorado and Washington state are in violation of federal law by legalizing recreational marijuana?  Would you attempt to enforce the federal marijuana laws in those states?  What if other states follow suit?  What if other states begin to legalize other illicit drugs?...

— The last three presidents have been historically stingy with the pardon and clemency power. The power today is mostly used to confer mercy and redemption on people who have already served their time.  But it was originally intended as a last check to prevent any injustices that may have slipped through the system.  What approach would you take to granting pardons and commutations? Do you think the last two administrations were too generous, too frugal, or just about right?...

— We haven’t had a justice on the Supreme Court with any real criminal defense experience for nearly a quarter century. We currently only have one with any day-to-day criminal law experience at all.  Given that the Supreme Court routinely issues rulings with profound implications on the powers of police and prosecutors and the civil rights of suspects, some commentators are troubled by the lack of criminal law experience on the court, and in particular the lack of any experience from the perspective of criminal suspects. Do you agree? Could you see yourself nominating a justice with significant criminal defense experience?

— Do you believe an innocent person has been executed since the United State reinstated the death penalty in 1976?  If so, do you believe this is an indictment of the death penalty, or that the benefits of capital punishment outweigh this risk?

I would be very excited (and somewhat surprised) if even a few of these questions were to receive serious attention by folks seeking the presidency in the months ahead. And if I were to pick a single (simple?) question to push for an answer on, it might be just "What do you believe is the primary function of prisons?".

I would be eager to hear from readers which of these question they would most like to see answers by the likes of Senators Clinton, Cruz, Paul and Rubio (and others). I also would be eager to see other like questions suggested in the comments. (If I were adding one, I might add something about the application of the Eighth Amendment to adult prison sentences or significantly increasing federal sentences based of acquitted conduct.)

April 13, 2015 in Campaign 2016 and sentencing issues, Who Sentences | Permalink | Comments (10) | TrackBack