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Home Criminal law

On criminal justice reform, it’s time for a second step

Eric Banks by Eric Banks
February 4, 2025
in Criminal law
0

Josephine Ledesma becomes a first-time nonviolent drug culprit who never even used or bought tablets; however, they nevertheless obtained a mandatory minimum sentence of life in jail at some stage in the Nineties. She served extra than 24 years in federal prison before receiving clemency from President Barack Obama in 2016. She now has an amazing job and is dedicated to, as she says in her personal phrases, “making up for all of the time my kids did now not get to spend with me with the aid of being the first-rate grandmother within the world.”

Josephine’s tale isn’t precise. Our criminal justice device is broken. Today we know that our USA has extra than 20% of the sector’s incarcerated humans, even though we have much less than 5% of the world’s population. And we recognize racial disparities at each level of our gadget have removed hundreds of thousands of human beings of color from our society, destroying households and communities for generations.

Thanks to the work of countless reform advocates, we have eventually started to well known that there’s racism in our criminal justice machine and that we want to take action to fight it. But the next president will have to do more than talk approximately these issues. She will need to take action. Our crook justice system can’t lose sight of the principles of equity and compassion — for victims, yes, but also for offenders. Our Founding Fathers understood this point after giving the president the energy to provide clemency, such as the one Obama granted Josephine.

justice

As president, I could create a clemency advisory board and a position in the White House — outside of the Department of Justice — that advises the president from a crook justice reform angle. Law professors which include Rachel E. Barkow from New York University and Mark Osler from the University of St. Thomas in Minnesota have described what a better clemency machine could look like. Currently, the Department of Justice includes an Office of the Pardon Attorney, tasked with investigating and reviewing all requests for clemency for federal offenses and ultimately preparing advice for the president. Although the voices of our prosecutors and cops are important and ought to retain to endorse the president, there are extra voices that a president desires to hear.

A numerous, bipartisan clemency advisory board — one that includes sufferer advocates in addition to prison and sentencing reform advocates — should study this from an exceptional attitude. And a criminal justice reform advises inside the White House will make sure that someone is advising the president on criminal justice reform. That’s why I’m devoted to creating those vital changes at some stage in the first month of my presidency, should I be elected. But we cannot clear up the various problems associated with mass incarceration thru better and smarter use of the presidential pardon on my own. Last year, we in Congress passed the First Step Act, which changed the overly harsh sentencing laws on nonviolent drug offenders and reformed our federal prisons. But now it’s time for the Second Step Act.

The reforms within the First Step Act only apply to those held inside the federal device. The new law would not assist the almost ninety% of humans incarcerated in the country and nearby centers. One of my pinnacle priorities may be to create federal incentives so that states can restore a few discretion from obligatory sentencing for nonviolent offenders and reform the unconscionable conditions in state prisons and local jails. We should do more to lessen inflexible obligatory minimums and add protection valves, building on the federal reforms we made closing yr. True crook justice reform includes the coins bail machine, increasing investment for public defenders, and getting rid of boundaries to re-entering and participating absolutely in society. That’s why we additionally want better academic and task schooling packages that may help humans each before and after they are released.

I’m additionally operating to trade the speak on drug and alcohol treatment and mental health services. I did this in Minnesota as a Hennepin County lawyer, I’ve fought for elevated drug courts as a senator, and I’ll make this a concern as president. But here’s one reform we can make straight away. Our gadget offers the president good-sized strength to are seeking justice, including clemency for human beings, inclusive of Josephine. There are still such a lot of human beings like her. As Josephine said: “The toughest element is all the human beings I left in the back of.”

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Eric Banks

Eric Banks

I work as a lawyer in the area of intellectual property law, and also as a blogger. On the legal side, I focus on copyright and trademark law. On the blogging side, I write about various legal topics, including intellectual property law, e-commerce, and Internet privacy. My work has appeared in law journals, business publications, and the blogs of several law firms. I also give a biweekly seminar called “How to Avoid Being A Copyright Moron.”

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