Message from the White House
FACT SHEET: Enhancing the Fairness and Effectiveness of the Criminal Justice System
THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
July 14, 2015
Today the
President will lay out the case for meaningful juvenile and criminal
justice reform that makes our system, fairer, smarter and more
cost-effective while keeping the American people safe and secure.
Across the political spectrum, there is a growing consensus to make
reforms to the juvenile and criminal justice systems to ensure that
criminal laws are enforced more fairly and efficiently. Unwarranted
disparities and unduly harsh sentences undermine trust in the rule of
law and offend the basic principles of fairness and justice. In an era
of limited resources and diverse threats, there is a public safety
imperative to devote the resources of the criminal justice system to the
practices that are most successful at deterring crime and protecting
the public.
This
Administration has taken a series of actions to enhance fairness and
efficiency at all phases of the criminal justice system and to better
address the vicious cycle of poverty, criminality and incarceration that
traps too many Americans and weakens too many communities. Now, it is
time for Congress to act. Meaningful sentencing reform, steps to reduce
repeat offenders and reform of the juvenile justice system are crucial
to improving public safety, reducing runaway incarceration costs and
making our criminal justice system more fair.
A Smarter
and Fairer Approach to Charging and Sentencing: A Smarter and Fairer
Approach to Charging and Sentencing: The Department of Justice has
instituted a series of reforms to make the federal criminal justice
system more fair, more efficient and to place a greater focus on the
most serious cases and dangerous offenders. These reforms have helped
contribute to the first yearly reduction in the federal inmate
population since 1980 and are occurring at a time when nationwide crime
rates are lower than in decades.
- In April 2014, the President established
aclemency initiative to encourage individuals sentenced under outdated
laws and policies to petition for commutation. The President has now
granted 89 commutations to individuals serving time in federal prison.
Had they been sentenced under current laws and policies, many of these
individuals would have already served their time and paid their debt to
society. Because many were convicted under an outdated sentencing
regime, they served years - in some cases more than a decade - longer
than would individuals convicted today of the same crime. At his
direction, significant reforms have followed, such as the promulgation
of new criteria for potential commutation candidates. In addition, the
Department of Justice has raised awareness about how to petition for
commutation to ensure that every federal inmate who believes they are
deserving of this invaluable second chance has the opportunity to ask
for it. The President has now granted more commutations than the
previous four presidents combined and has granted more than any
president since Lyndon Johnson.
Previous Reforms:
- In 2010, the President signed the Fair
Sentencing Act, bipartisan legislation that eased the disparity in the
amounts of powder cocaine and crack cocaine required to trigger certain
penalties in the federal system, including rigid mandatory minimum
sentences.
- In 2010, then-Attorney General Eric
Holder reversed the Department of Justice's previous charging policy -
known as the "Ashcroft memo" - that required prosecutors to always
charge crimes with the severest possible sentence, and instead
instructed that cases should be charged based on the individual
circumstances of the offense.
- In August
2013, the Department of Justice launched the "Smart on
Crime" initiative, revising its charging policies to avoid triggering
excessive mandatory minimums for low-level, nonviolent drug offenders.
Since the launch of the initiative, data has shown that prosecutors are
being more selective and focusing on more serious cases with a positive
impact on prosecutions.
- The Department of Justice encourages
judicial districts to adopt "diversion" and drug court programs that
prioritize treatment instead of incarceration in order to ease our
overburdened prison system and reduce recidivism.
Enhancing
the Credibility and Accountability of the Justice System: The Department
of Justice has instituted a series of measures to preserve the
credibility and accountability of the criminal justice system so that it
continues to maintain the trust of the communities it protects.
- In 2010, the Department of Justice
issued unprecedented rules to provide criminal defendants with broad,
comprehensive pre-trial evidence - more than the law requires.
- As part of
the Access to Justice Initiativelaunched in 2010, the Department has
been engaging with a wide variety of new partners - including state,
local, tribal, and federal officials, nonprofit organizations,
researchers, and experts from across the private sector - to expand
research and funding support for the delivery of indigent defense
services and to protect the Sixth Amendment guarantee to effective
assistance of counsel.
- In May 2014, the
Department announced that its federal agents would be required to
videotape interrogations of detained individuals in order to ensure
suspects' civil rights are respected during all interviews.
- In
September 2014, a new Department-wide policy was put in place that
directed federal prosecutors to no longer require, as a part of plea
agreements, that defendants waive their right to appeal based on
ineffective assistance of counsel.
- In
December 2014, the Department issued updated profiling guidance that,
among other things, expanded the prohibition to religion, national
origin, sexual orientation and gender identity and was applicable to
state and local law enforcement agencies working on federal task forces.
Focus on
Effective Prisoner Reentry and the Cycle of Incarceration: Each year,
more than 600,000 individuals are released from state and federal
prisons. The long-term impact of a criminal record will keep many people
from obtaining employment, accessing housing, higher education, loans,
and credit - even if they've paid their debt to society, turned their
lives around, are qualified, and are unlikely to reoffend. To address
this issue, then-Attorney General Holder launched the Federal
Interagency Reentry Council in 2011. The Reentry Council works to align
and advance reentry efforts across the federal government with an
overarching aim to not only reduce recidivism and high correctional
costs, but also to improve public health, child welfare, employment,
education, housing and other key reintegration outcomes.
Last month,
Congress introduced the bi-partisan Second Chance Reauthorization Act
which includes language that would codify the Reentry Council and
institutionalize this work over the long term. Since 2009, more than 600
Second Chance Act grant awards have been made to state, local, and
tribal governments and nonprofit organizations across 49 states to help
incarcerated adults and youth rejoin their communities and become
productive, law abiding citizens.
Key Reentry Council Milestones:
Reducing Policy Barriers to Employment and Education
- In 2012, the Equal Employment
Opportunity Commission (EEOC) issued historic anti-discrimination
guidance recommending that employers avoid blanket bans on job
applicants with a criminal history because of the potential disparate
impact on people of color. The guidance states a criminal record should
only bar someone from employment when the conviction is closely related
to the job, after considering (1) the nature of the job, (2) the nature
and seriousness of the offense, and (3) the length of time since it
occurred.
- The U.S. Department of Labor (DOL) built
on the EEOC policy with (a) guidance geared to the public workforce
system, and (b) a directive for federal contractors about their
obligations regarding the use of criminal records as an employment
screen. DOL also launched the Linking to Employment Activities
Pre-release (LEAP) program, a pilot initiative that provides specialized
services to prepare incarcerated individuals for employment and
increase their opportunities for successful reentry upon release.
- The
U.S. Department of Housing and Urban Development (HUD) sent a letter to
public housing authorities in 2011 encouraging them to allow people
with criminal records to rejoin their families in public housing
programs, when appropriate.
- The Office
of Personnel Management (OPM) developed a best practices guide regarding
contractor applicants who support Federal agencies.
- The
Small Business Administration (SBA) proposed to amend their eligibility
rules for MicroLoans, so that people on probation and parole are not
automatically excluded.
- The Federal
Trade Commission (FTC) has taken cases and published documents for job
seekers about their rights under the Fair Credit Reporting Act when it
comes to background checks.
- In 2015, the
U.S. Department of Education issued a letter to campus financial aid
professionals to clarify that otherwise eligible youth who are confined
in juvenile justice facilities are eligible to receive Federal Pell
Grants.
Addressing Collateral Consequences of a Conviction
- NIJ (prior to the Council's formation)
funded a project with the American Bar Association which identified
46,000 statutes and regulations that impose collateral consequences on
those with a conviction, creating barriers to employment, housing,
benefits, and voting. In 2011, then-AG Holder wrote to every state
Attorney General, asking them to assess their state's statutes and
policies to determine if any should be eliminated.
- In
2013, DOJ directed leadership across the Department to take collateral
consequencesinto account when proposing any new regulation or guidance.
Increasing Reentry Service Access to Incarcerated Veterans
- The Department of Veterans Affairs (VA)
revised its administrative polices that limited VA prison outreach to
the six months prior to release. Reentry assessment and planning can
now begin day one, thus enhancing the odds of successful reentry. The VA
also expanded eligibility for its health care services to those who are
in halfway house settings and built a web-based system that allows
prison, jail, and court staff to quickly and accurately identify
Veterans among their populations.
Support for
State and Local Law Enforcement: The Administration is committed to
ensuring that state and local law enforcement receive the funding,
training and support they need from the federal government to serve
their community and to promote officer safety and wellness.
- From 2009 through 2014, the Department
of Justice's Community Oriented Policing Services (COPS) Office has
funded the addition of nearly 10,000 community policing officers across
the country.
- In fiscal year 2014, the
Department of Justice provided $276 million of critical Justice
Assistance Grant (JAG) funding to state, local and tribal governments.
The JAG Program is the primary provider of federal criminal justice
funding to state and local jurisdictions and supports a range of program
areas including law enforcement, prosecution and court programs,
prevention and education programs, corrections and community
corrections, drug treatment and enforcement, crime victim and witness
initiatives, and planning, evaluation and technology improvement
programs.
- The Department of Justice
announced earlier this year a $263 million initiative to expand funding
and training to law enforcement agencies to advance community policing
initiatives. The proposal includes a $75 million investment over three
years that could help purchase 50,000 body-worn cameras. In May 2015,
the Office of Justice Programs announced a $20 million solicitation to
help law enforcement agencies purchase body-worn cameras, and its Bureau
of Justice Assistance released an online toolkit to help
communitiesimplement body-worn camera programs.
- In
December 2014, the President created aTask Force on 21st Century
Policing tostrengthen trust between law enforcement officers and the
communities they serve and protect while enhancing public safety. The
Administration is working with federal agencies, law enforcement
organizations, civil rights organizations and state and local government
to promote the adoption of the Task Force's recent recommendations by
the approximately 18,000 state and local law enforcement agencies around
the country.
- In March 2015, the
Administration launched the Police Data Initiative to encourage law
enforcement agencies around the country to publicly release data that
they had not previously released concerning stops and searches, uses of
force, officer involved shootings, citations, complaints and other
police actions. Already, two dozen agencies have agreed to release new
data and participate in a peer-learning network to share successful
innovations. For example, Seattle, WA hosted a workshop for law
enforcement agencies to dive deeply into technology and data issues
around body worn cameras. Dallas, TX opened twelve years of detailed
officer-involved-shooting data with crucial context about why the Chief
of Police is releasing the data, how such incidents are investigated,
and what the police department is doing to reduce deadly force
incidents. And, New Orleans, LA is pre-releasing police data sets to a
group of young coders from under-represented communities who are
providing feedback on the data and prototyping tools that will improve
citizen access to this data. The Police Data Initiative is also helping
Departments across the country better leverage data and technology, such
as early warning systems and enhanced body camera analytics, to
identify problems, increase internal accountability, and decrease
inappropriate uses of force.
Working with
State and Local Law Enforcement to Build Community Trust: The
Administration has worked with state and local law enforcement agencies
to build trust while enhancing public safety.
- The Violence
Reduction Network (VRN) is a meaningful approach to violence reduction
that brings together city police departments with Justice Department law
enforcement and grant-making components to reduce violence in some of
the country's most violent cities. DOJ works in partnership with police
chiefs, researchers and other local partners on effective approaches to
accomplishing their violence reduction strategies. VRN is currently
partnering with Camden, NJ; Chicago, IL; Detroit, MI; Oakland/Richmond,
CA and Wilmington, DE and will expand to other cities this year.
- DOJ's
Office of Community Oriented Policing Services' Collaborative Reform
Initiative for Technical Assistance improves trust between police
agencies and the communities they serve by providing a means to
organizational transformation around specific issues. Agencies selected
to participate must demonstrate a commitment to address the
recommendations and undertake significant reform efforts. Collaborative
Reform efforts have already been completed in Las Vegas, NV, which
served as the pilot site for the program, and work continues in
locations such as Philadelphia, PA; Spokane, WA; St. Louis County, MO;
Fayetteville, NC; Salinas, CA and Calexico, CA.
- The National
Initiative for Building Trust and Justice was launched in September
2014 as a multi-faceted approach to help strengthen the relationship
between law enforcement and the communities they serve by promoting
procedural justice, reducing implicit bias and supporting racial
reconciliation. The National Initiative is working intensively in
Birmingham (AL), Fort Worth (TX), Gary (IN), Minneapolis (MN),
Pittsburgh (PA) and Stockton (CA), and is providing technical assistance
to localities that are not official demonstration sites.
- In
January 2015, the President created the Law Enforcement Equipment
Working Group to identify actions that can improve Federal support for
the acquisition of controlled equipment by law enforcement agencies
(LEAs). In May 2015, the President received and accepted the
recommendations from the Working Group which among other things: created
a prohibited equipment list LEAs will no longer be able to acquire from
the federal government; provided a consistent Government-wide
controlled equipment list; standardized Federal procedures governing
provision of controlled equipment and ensured that LEAs have proper
policies and training in place regarding the appropriate use of
controlled equipment. The recommendations will be implemented by the
beginning of Fiscal Year 2016.
Commitment
to Juvenile Justice Reform: The Administration continues to pursue
efforts to improve the juvenile justice system and prioritize juvenile
reentry, including supporting efforts to reduce recidivism and enhance
post-juvenile systems education, job-training, parenting skills,
counseling and health care.
- In 2009, President Obama directed the
Justice Department to launch the National Forum on Youth Violence
Prevention which brings together a network of communities and federal
agencies to reduce youth violence and gang activity, share information,
build local capacity and improve public safety.
- In
January 2014, the Departments of Education and Justice
released guidance to schools aimed at increasing school discipline
policies that support improved behavior in students while minimizing the
school to prison pipeline.
- In June
2014, the Department of Justice's Office of Juvenile Justice and
Delinquency Prevention announced a suite of Smart on Juvenile
Justice grants focused on implementing juvenile justice reforms to
maximize cost savings and strategically reinvest the savings while
supporting statewide system change.
- In
December 2014, the Departments of Education and Justice released
guidance aimed at providing high-quality educational programming in
juvenile justice secure care settings.
My Brother's
Keeper Initiative: Reducing violence and providing a second chance is a
core goal of the President's My Brother's Keeper initiative, and it has
been a significant focus of the policy and community-based work taking
place. Efforts to act in this area have included a wide array of policy
guidance, grant programs, national forums and task forces to raise
awareness and seek solutions to violence and incarceration. Also, as
part of the My Brother's Keeper Community Challenge a place-based
initiative where more than 200 communities have committed to
implementing cradle-to-college and career strategies to tackle
opportunity gaps, more than forty communities have committed to
developing strategies to ensure all youth remain safe from violent
crime. Some examples include:
- In Washington,
DC, the local partners leading the My Brother's Keeper Community
Challenge process on behalf of the City, has created a partnership with
the D.C. police department to provide trainings for officers before they
leave the academy, focused on how to engage with young people in the
community.
- Indianapolis,
IN has committed to provide training for all criminal justice partners:
police, prosecutors, public defenders, judges, probation, parole and
community corrections on racial bias and disparities in order to improve
cultural competence of the system. They have also joined the Annie E.
Casey Foundation's Juvenile Detention Alternatives Initiative (JDAI), a
bipartisan movement for juvenile justice reinvestment-the reallocation
of government resources away from mass incarceration and toward
investment in youth, families, and communities.
- In Philadelphia, PA the
First Judicial District, the Philadelphia School District, the Police
Department and the Department of Human Services seek to deliver a 50
percent reduction in the number of children arrested, and to eliminate
the racial disparity in these arrests and other school-based
disciplinary actions. Their plan, the School Diversion Program, allows
students who have committed first time low-level delinquent acts on
school premises to enter intensive prevention services rather than face
arrest.
- In Boston, MA Mayor
Martin J. Walsh with the support of The Boston Foundation announced the
launch of a strategic and comprehensive city-wide public safety plan.
They pledged $3.1 million in funding for this effort over three years,
which allowed for the integration of the StreetSafe program into a
citywide expansion of on-the-ground outreach to youth at risk of violent
crime, in coordination with the Boston Police Department (BPD) and the
Mayor's Public Safety Initiative.
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