Announcement of Lessened Mandatory Minimum Sentences Lyrics
It’s time – in fact, it’s well past time – to address persistent needs and unwarranted disparities by considering a fundamentally new approach. As a prosecutor; a judge; an attorney in private practice; and now, as our nation’s Attorney General, I’ve seen the criminal justice system firsthand, from nearly every angle. While I have the utmost faith in – and dedication to – America’s legal system, we must face the reality that, as it stands, our system is in too many respects broken. The course we are on is far from sustainable. And it is our time – and our duty – to identify those areas we can improve in order to better advance the cause of justice for all Americans.
At the beginning of this year, I launched a targeted Justice Department review of the federal system – to identify obstacles, inefficiencies, and inequities, and to address ineffective policies. Today, I am pleased to announce the results of this review – which include a series of significant actions that the Department has undertaken to better protect the American people from crime; to increase support for those who become victims; and to ensure public safety by improving our criminal justice system as a whole. We have studied state systems and been impressed by the policy shifts some have made. I hope other state systems will follow our lead and implement changes as well. The changes I announce today underscore this Administration’s strong commitment to common sense criminal justice reform. And our efforts must begin with law enforcement.
I’ve also issued guidance to ensure that every case we bring serves a substantial federal interest and complements the work of our law enforcement partners. I have directed all U.S. Attorneys to create – and to update – comprehensive anti-violence strategies for badly-afflicted areas within their districts. And I’ve encouraged them to convene regular law enforcement forums with state and local partners to refine these plans, foster greater efficiency, and facilitate more open communication and cooperation.
By targeting the most serious offenses, prosecuting the most dangerous criminals, directing assistance to crime “hot spots,” and pursuing new ways to promote public safety, deterrence, efficiency, and fairness – we in the federal government can become both smarter and tougher on crime. By providing leadership to all levels of law enforcement – and bringing intelligence-driven strategies to bear – we can bolster the efforts of local leaders, U.S. Attorneys, and others in the fight against violent crime.
Beyond this work, through the Community Oriented Policing Services – or “COPS” – Office, the Justice Department is helping police departments keep officers on the beat while enhancing training and technical support. Over the last four years, we have allocated more than $1.5 billion through the COPS Hiring Program to save or create over 8,000 jobs in local law enforcement. In the coming weeks, we will announce a new round of COPS grants – totaling more than $110 million – to support the hiring of military veterans and school resource officers throughout the country.
In addition, through our landmark Defending Childhood Initiative and the National Forum on Youth Violence Prevention, we’re rallying federal leaders, state officials, private organizations, and community groups to better understand, address, and prevent young people's exposure to violence. We have assembled a new Task Force to respond to the extreme levels of violence faced by far too many American Indian and Alaska Native children. Next month, we will launch a national public awareness campaign – and convene a Youth Violence Prevention Summit – to call for comprehensive solutions. And, through the Department’s Civil Rights Division and other components, we’ll continue to work with allies – like the Department of Education and others throughout the federal government and beyond – to confront the “school-to-prison pipeline” and those zero-tolerance school discipline policies that do not promote safety, and that transform too many educational institutions from doorways of opportunity into gateways to the criminal justice system. A minor school disciplinary offense should put a student in the principal’s office and not a police precinct.
This work shows tremendous promise. I’m hopeful that it will help to bring assistance and healing to more and more crime victims across the country. But it is only the beginning.
More broadly, through the Department’s Access to Justice Initiative, the Civil Rights Division, and a range of grant programs, this Administration is bringing stakeholders together – and providing direct support – to address the inequalities that unfold every day in America’s courtrooms, and to fulfill the Supreme Court’s historic decision in Gideon v. Wainwright. Fifty years ago last March, this landmark ruling affirmed that every defendant charged with a serious crime has the right to an attorney, even if he or she cannot afford one. Yet America’s indigent defense systems continue to exist in a state of crisis, and the promise of Gideon is not being met. To address this crisis, Congress must not only end the forced budget cuts that have decimated public defenders nationwide – they must expand existing indigent defense programs, provide access to counsel for more juvenile defendants, and increase funding for federal public defender offices. And every legal professional, every member of this audience, must answer the ABA’s call to contribute to this cause through pro bono service – and help realize the promise of equal justice for all.
As we come together this morning, this same promise must lead us all to acknowledge that – although incarceration has a significant role to play in our justice system – widespread incarceration at the federal, state, and local levels is both ineffective and unsustainable. It imposes a significant economic burden – totaling $80 billion in 2010 alone – and it comes with human and moral costs that are impossible to calculate.
As a society, we pay much too high a price whenever our system fails to deliver outcomes that deter and punish crime, keep us safe, and ensure that those who have paid their debts have the chance to become productive citizens. Right now, unwarranted disparities are far too common. As President Obama said last month, it’s time to ask tough questions about how we can strengthen our communities, support young people, and address the fact that young black and Latino men are disproportionately likely to become involved in our criminal justice system – as victims as well as perpetrators.
We also must confront the reality that – once they’re in that system – people of color often face harsher punishments than their peers. One deeply troubling report, released in February, indicates that – in recent years – black male offenders have received sentences nearly 20 percent longer than those imposed on white males convicted of similar crimes. This isn’t just unacceptable – it is shameful. It’s unworthy of our great country, and our great legal tradition. And in response, I have today directed a group of U.S. Attorneys to examine sentencing disparities, and to develop recommendations on how we can address them.
In this area and many others – in ways both large and small – we, as a country, must resolve to do better. The President and I agree that it’s time to take a pragmatic approach. And that’s why I am proud to announce today that the Justice Department will take a series of significant actions to recalibrate America’s federal criminal justice system.
We will start by fundamentally rethinking the notion of mandatory minimum sentences for drug-related crimes. Some statutes that mandate inflexible sentences – regardless of the individual conduct at issue in a particular case – reduce the discretion available to prosecutors, judges, and juries. Because they oftentimes generate unfairly long sentences, they breed disrespect for the system. When applied indiscriminately, they do not serve public safety. They – and some of the enforcement priorities we have set – have had a destabilizing effect on particular communities, largely poor and of color. And, applied inappropriately, they are ultimately counterproductive.
This is why I have today mandated a modification of the Justice Department’s charging policies so that certain low-level, nonviolent drug offenders who have no ties to large-scale organizations, gangs, or cartels will no longer be charged with offenses that impose draconian mandatory minimum sentences. They now will be charged with offenses for which the accompanying sentences are better suited to their individual conduct, rather than excessive prison terms more appropriate for violent criminals or drug kingpins. By reserving the most severe penalties for serious, high-level, or violent drug traffickers, we can better promote public safety, deterrence, and rehabilitation – while making our expenditures smarter and more productive. We’ve seen that this approach has bipartisan support in Congress – where a number of leaders, including Senators Dick Durbin, Patrick Leahy, Mike Lee, and Rand Paul have introduced what I think is promising legislation aimed at giving federal judges more discretion in applying mandatory minimums to certain drug offenders. Such legislation will ultimately save our country billions of dollars while keeping us safe. And the President and I look forward to working with members of both parties to refine and advance these proposals.
Secondly, the Department has now updated its framework for considering compassionate release for inmates facing extraordinary or compelling circumstances – and who pose no threat to the public. In late April, the Bureau of Prisons expanded the criteria which will be considered for inmates seeking compassionate release for medical reasons. Today, I can announce additional expansions to our policy – including revised criteria for elderly inmates who did not commit violent crimes and who have served significant portions of their sentences. Of course, as our primary responsibility, we must ensure that the American public is protected from anyone who may pose a danger to the community. But considering the applications of nonviolent offenders – through a careful review process that ultimately allows judges to consider whether release is warranted – is the fair thing to do. And it is the smart thing to do as well, because it will enable us to use our limited resources to house those who pose the greatest threat.
Finally, my colleagues and I are taking steps to identify and share best practices for enhancing the use of diversion programs – such as drug treatment and community service initiatives – that can serve as effective alternatives to incarceration.
Our U.S. Attorneys are leading the way in this regard – working alongside the judiciary to meet safety imperatives while avoiding incarceration in certain cases. In South Dakota, a joint federal-tribal program has helped to prevent at-risk young people from getting involved in the federal prison system – thereby improving lives, saving taxpayer resources, and keeping communities safer. This is exactly the kind of proven innovation that federal policymakers, and state and tribal leaders, should emulate. And it’s why the Justice Department is working – through a program called the Justice Reinvestment Initiative – to bring state leaders, local stakeholders, private partners, and federal officials together to comprehensively reform corrections and criminal justice practices.
In recent years, no fewer than 17 states – supported by the Department, and led by governors and legislators of both parties – have directed funding away from prison construction and toward evidence-based programs and services, like treatment and supervision, that are designed to reduce recidivism. In Kentucky, for example, new legislation has reserved prison beds for the most serious offenders and re-focused resources on community supervision and evidence-based alternative programs. As a result, the state is projected to reduce its prison population by more than 3,000 over the next 10 years – saving more than $400 million.
In Texas, investments in drug treatment for nonviolent offenders and changes to parole policies brought about a reduction in the prison population of more than 5,000 inmates last year alone. The same year, similar efforts helped Arkansas reduce its prison population by more than 1,400. From Georgia, North Carolina, and Ohio, to Pennsylvania, Hawaii, and far beyond – reinvestment and serious reform are improving public safety and saving precious resources. Let me be clear: these measures have not compromised public safety. In fact, many states have seen drops in recidivism rates at the same time their prison populations were declining. The policy changes that have led to these welcome results must be studied and emulated. While our federal prison system has continued to slowly expand, significant state-level reductions have led to three consecutive years of decline in America’s overall prison population – including, in 2012, the largest drop ever experienced in a single year.
Clearly, these strategies can work. They’ve attracted overwhelming, bipartisan support in “red states” as well as “blue states.” And it’s past time for others to take notice.
I am also announcing today that I have directed every U.S. Attorney to designate a Prevention and Reentry Coordinator in his or her district – to ensure that this work is, and will remain, a top priority throughout the country. And my colleagues and I will keep working closely with state leaders, agency partners, including members of the Federal Interagency Reentry Council – and groups like the American Bar Association – to extend these efforts.
In recent years, with the Department’s support, the ABA has catalogued tens of thousands of statutes and regulations that impose unwise and counterproductive collateral consequences – with regard to housing or employment, for example – on people who have been convicted of crimes. I have asked state attorneys general and a variety of federal leaders to review their own agencies’ regulations. And today I can announce that I’ve directed all Department of Justice components, going forward, to consider whether any proposed regulation or guidance may impose unnecessary collateral consequences on those seeking to rejoin their communities.
The bottom line is that, while the aggressive enforcement of federal criminal statutes remains necessary, we cannot simply prosecute or incarcerate our way to becoming a safer nation. To be effective, federal efforts must also focus on prevention and reentry. We must never stop being tough on crime. But we must also be smart and efficient when battling crime and the conditions and the individual choices that breed it.
Ultimately, this is about much more than fairness for those who are released from prison. It’s a matter of public safety and public good. It makes plain economic sense. It’s about who we are as a people. And it has the potential to positively impact the lives of every man, woman, and child – in every neighborhood and city – in the United States. After all, whenever a recidivist crime is committed, innocent people are victimized. Communities are less safe. Burdens on law enforcement are increased. And already-strained resources are depleted even further.
Today – together – we must declare that we will no longer settle for such an unjust and unsustainable status quo. To do so would be to betray our history, our shared commitment to justice, and the founding principles of our nation. Instead, we must recommit ourselves – as a country – to tackling the most difficult questions, and the most costly problems, no matter how complex or intractable they may appear. We must pledge – as legal professionals – to lend our talents, our training, and our diverse perspectives to advancing this critical work. And we must resolve – as a people – to take a firm stand against violence; against victimization; against inequality – and for justice.
This is our chance – to bring America’s criminal justice system in line with our most sacred values.
This is our opportunity – to define this time, our time, as one of progress and innovation.
This is our promise – to forge a more just society.
And this is our solemn obligation, as stewards of the law, and servants of those whom it protects and empowers: to open a frank and constructive dialogue about the need to reform a broken system. To fight for the sweeping, systemic changes we need. And to uphold our dearest values, as the ABA always has, by calling on our peers and colleagues not merely to serve their clients, or win their cases – but to ensure that – in every case, in every circumstance, and in every community – justice is done.
This, after all, is the cause that has been our common pursuit for more than two centuries, the ideal that has guided the ABA since its inception, and the goal that will drive additional actions by President Obama – and leaders throughout his Administration – in the months ahead. Of course, we recognize – as you do – that the reforms I’ve announced today, and others that we must consider, explore, and implement in the coming years, will not take hold overnight. There will be setbacks and false starts. We will encounter resistance and opposition.
But if we keep faith in one another, and in the principles we’ve always held dear; if we stay true to the ABA’s history as a driver of positive change; and if we keep moving forward together – knowing that the need for this work will outlast us, but determined to make the difference that we seek – then I know we can all be confident in where these efforts will lead us. I look forward to everything that we will undoubtedly achieve. And I will always be proud to stand alongside you in building the brighter, more just, and more prosperous future that all of our citizens deserve.
Thank you.
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On the federal level, many crimes, particularly drug crimes, are prosecuted with “minimum sentences.” These set terms on prison stay length have lead to massive overpopulation, needless imprisonment, and gaps in the system.
In this speech to the American Bar Association on August 12, 2013, Attorney General Eric Holder announced the lessening of mandatory minimum federal sentences for non-violent crimes such as drug offenses, among other changes.
The impetus for Holder’s change is that “a vicious cycle of poverty, criminality, and incarceration traps too many Americans and weakens too many communities.”
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