USA To Release 6000 Inmates In The Next Four Weeks Under New Sentencing Guidelines

The USA is to release 6000 inmates in the next four weeks under new sentencing guidelines.  According to the NY Times, “The release is scheduled to occur from Oct. 30 to Nov. 2, and will be one of the largest one-time discharges of inmates from federal prisons in American history, said the officials, who spoke on the condition of anonymity because they did not want to be identified discussing matters that had not been publicly announced by the Justice Department.”  The full article is here:  http://www.nytimes.com/2015/10/07/us/us-to-release-6000-inmates-under-new-sentencing-guidelines.html?emc=edit_au_20151006&nl=afternoonupdate&nlid=52103541

New York City Bar Association Releases Report on Mass Incarceration

It is a very compelling read  -- and was created under the guidance of Hon. Jed Rakoff – whose pragmatist jurisprudence commonly identifies the greatest threats and impediments to our system of justice.  

The report can be read here:  http://www2.nycbar.org/pdf/report/uploads/Mass_Incarceration_Seizing_the_Moment_for_Reform-20150928.pdf

Here is the introduction:

The United States has the highest rate of incarceration in the world. Our country has only 5% of the world’s population, yet we incarcerate 25% of the world’s prisoners. In real numbers, that statistic translates into 2.3 million people behind bars. There are currently five times as many people incarcerated now than there were in 1970.

While no one doubts that incarceration is generally appropriate to protect society from those who commit violent offenses, it has, unfortunately, become the default remedy for a host of non-violent offenses in instances where other more effective remedies are available. While the adverse effects of this approach have been felt by many, our country’s massive and reflexive use of incarceration as the solution to all criminal problems has had a disproportionate (and devastating) impact on African-American and Latino young men. African-Americans and Latinos collectively account for 30% of our population, but they represent 60% of our current inmates. The raw numbers are striking: approximately one in every 35 African-American men, and one in 88 Latino men is presently serving time behind bars (in contrast to one in 214 white men).3 We believe that the United States is at a critical juncture in the debate about mass incarceration. This Report, on behalf of the New York City Bar Association, is intended to highlight this historic opportunity and to urge federal and state leaders to make the reduction of mass incarceration a top priority. Specifically, as explained in greater detail below, we recommend that: Studies have also shown that our current levels of incarceration are shockingly expensive, costing taxpayers billions and billions of dollars each year. Over-incarceration has other extraordinarily damaging effects, including contributing to the poverty rate and long-term unemployment, and stigmatizing those who have served time in prison in numerous ways. 

We believe that the United States is at a critical juncture in the debate about mass incarceration. This Report, on behalf of the New York City Bar Association, is intended to highlight this historic opportunity and to urge federal and state leaders to make the reduction of mass incarceration a top priority. Specifically, as explained in greater detail below, we recommend that: 

• Congress and State legislatures repeal mandatory minimum sentencing provisions or, at least, reduce substantially the length of the terms these provisions mandate and the range of offenses to which they apply; 

• Congress and State legislatures reduce substantially the sentences recommended by sentencing guidelines and similar laws for non-violent offenses;

• Congress and State legislatures expand significantly the alternatives to prison available to judges imposing sentences, including drug programs, mental health programs and job training programs and, in cases of incarceration, expand significantly the availability of rehabilitative services, including access to higher education, vocational training and substance abuse and mental health services, during and following incarceration so that individuals can successfully reenter society and avoid recidivism;

• Congress and State legislatures eliminate or reduce substantially financial conditions of pretrial release. Incarceration at the pretrial stage, even for a few days, has terrible downstream repercussions for individuals, disrupting lives and leading to a higher likelihood of further incarceration, for longer periods and also higher rates of rearrest; 

• Congress and State legislatures provide opportunities for individuals with misdemeanor and non-violent felony convictions to seal those records to prevent employer discrimination; and 

• the New York State Legislature should enact legislation to raise the age of juvenile jurisdiction from 16 to 18 years old. 

With the enactment of these changes, our country’s political leaders, sentencing judges, and law-enforcement authorities can take a long and desperately needed step toward reducing the dire consequences of mass incarceration. **

9th US Circuit Court of Appeals Judge Alex Kozinski Published Detailed Analysis of Flaws In Trials And Evidence In Our Criminal Justice System (from an evidentiary standpoint)

Judge Alex Kozinski, of the 9th US Circuit Court of Appeals, who is one of America's most prominent jurists, publishes an article enumerating the serious flaws in the present criminal justice system in California.  There article can be read here.  You can also download it directly as a pdf here.   

I began to list the more salient points – but there are too many.  Please take the time to read this – it is a pleasure, and it is enlightening, and it is frightening. 

Sally Yates, New Deputy Attorney General, States “We’re not the Department of Prosecutions”

Washington Post.  Sally Yates operates the DOJ and oversees the FBI; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; and the Bureau of Prisons.  She has voiced her commitment to follow through on the Criminal Justice Reforms started by Eric Holder.  In the article, Sally Yates is quoted stating ““Certainly, I don’t think I can ever be accused of being soft on crime,” Yates said. “But we need to be using the limited resources we have to ensure that we are truly doing justice and that the sentences we’re meting out are just and proportional to the crimes that we’re charging…We’re not the Department of Prosecutions or even the Department of Public Safety,” Yates said. “We are the Department of Justice.” To read the article, click here:  New deputy attorney general: ‘We’re not the Department of Prosecutions

President Obama To Limit Police Force’s Access To Military-Style Equipment

The President has announced that – as part of his push to ease tensions between communities and law enforcement – he will ban police departments from using federal funding to acquire items that include tracked armored vehicles, the highest-caliber firearms and ammunition, and camouflage uniforms.  This follows the release of a 116 page DOJ report arising out of the incident in Ferguson, calling for law enforcement agencies to “embrace a guardian — rather than a warrior — mind-set to build trust and legitimacy both within agencies and with the public.”  The NY Times Article is here:  Obama to Limit Military-Style Equipment for Police Forces

Boston Citizens Troubled By Death Penalty Finding In Boston Bomber Case

In the NY Times article “Death Sentence for Boston Bomber, Dzhokhar Tsarnaev, Unsettles City He Tore Apart”, people share confused sentiments in response to the death penalty finding.  “But since a federal jury on Friday sentenced the convicted bomber to death, the finish line suddenly seems to be a place of ambivalence. Fresh flowers are accumulating. A sense of sorrow lingers in the air. Sightseers who come to snap a photo feel a little self-conscious. Residents train their gaze on the line, and the conversations turn to death — and disappointment.  ‘I was shocked,’ said Scott Larson, 47, a records manager who works near the finish line. ‘The death penalty — for Boston.’”  To read the full article, click here:  http://www.nytimes.com/2015/05/17/us/death-sentence-for-boston-bomber-dzhokhar-tsarnaev-unsettles-city-he-tore-apart.html?ref=todayspaper&_r=0