Related Research Articles
The Sentencing Project is a Washington, D.C.-based research and advocacy center working for decarceration or to reduce the use of incarceration in the United States and to address racial disparities in the criminal justice system. For three decades the organization, with a small staff and funding from foundations and individuals, has regularly produced nonpartisan reports and research used by state and federal policymakers, administrators, and journalists as they consider crime and punishment.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against.
Prison Fellowship is the world's largest Christian nonprofit organization for prisoners, former prisoners, and their families, and a leading advocate for justice reform.
In the United States, habitual offender laws have been implemented in the United States since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.
Mandatory sentence requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.
In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president. Prosecution happens at both the federal and the state levels and so a "federal crime" is one that is prosecuted under federal criminal law and not under state criminal law under which most of the crimes committed in the United States are prosecuted.
The Fair Sentencing Act of 2010 was an Act of Congress that was signed into federal law by United States President Barack Obama on August 3, 2010 that reduces the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties from a 100:1 weight ratio to an 18:1 weight ratio and eliminated the five-year mandatory minimum sentence for simple possession of crack cocaine, among other provisions. Similar bills were introduced in several U.S. Congresses before its passage in 2010, and courts had also acted to reduce the sentencing disparity prior to the bill's passage.
The Drug Trafficking Safe Harbor Elimination Act was a bill proposed to the 112th United States Congress in 2011. It was introduced to amend Section 846 of the Controlled Substances Act to close a loophole that has allowed many drug trafficking conspirators to avoid federal prosecution. The Drug Trafficking Safe Harbor Elimination Act would have made it a federal crime for persons who conspire on United States soil to traffic or aid and abet drug trafficking inside or even outside the borders of the United States. This Act was created to provide clarity to current laws within the United States and provide criminal prosecution of those who are involved in drug trafficking within the United States or outside its borders. This Act would have provided a borderless application to United States Law and extends possible criminal charges to all individuals involved in the drug transport. The bill passed the House but was not acted upon by the Senate and thus died.
Right on Crime is a conservative U.S. criminal justice reform initiative that aims to gain support for criminal justice reform by sharing research and policy ideas, mobilizing leaders, and by raising public awareness. Right On Crime reforms are focused on "reducing crime, lowering costs and restoring victims." The initiative primarily focuses on eight issues: over-criminalization, juvenile justice, substance abuse, adult probation, parole and re-entry, law enforcement, prisons and victims. Right on Crime is a project of the Center for Effective Justice at the Texas Public Policy Foundation, a conservative think tank, and Prison Fellowship. Right on Crime works in partnership with the American Conservative Union Foundation. After its founding in Texas, Right on Crime has contributed to many criminal justice reforms throughout the country, working with conservative and liberal organizations.
The Justice Safety Valve Act of 2013 is a bill in the 113th United States Congress. The bill would allow courts to impose criminal penalties below the statutory minimum sentences under certain circumstances.
The Smarter Sentencing Act is a bill in the United States Senate that focused on limited federal resources and amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the criminal history category for the defendant is not higher than category two.
Criminal justice reform addresses structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.
The Sentencing Reform and Corrections Act is a bipartisan criminal justice reform bill introduced into the United States Senate on October 1, 2015 by Chuck Grassley, a Republican senator from Iowa and the chairman of the United States Senate Committee on the Judiciary.
The First Step Act, formally known as the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, is a bipartisan criminal justice bill passed by the 115th Congress and signed by President Donald Trump in December 2018. The Act enacted several changes in U.S. federal criminal law aimed at reforming federal prisons and sentencing laws in order to reduce recidivism, decreasing the federal inmate population, and maintaining public safety.
Brittany K. Barnett is an American attorney and criminal justice reform advocate. Through the organization Buried Alive, which she co-founded with Sharanda Jones and Corey Jacobs, she came to national attention when she and her co-counsel, MiAngel Cody, litigated the release of 17 people in 90 days. Her organization has received funding and endorsement from television personality Kim Kardashian. Barnett is also the founder of Girls Embracing Mothers, a non-profit organization that provides support for girls with mothers in prison.
United States v. Haymond, 588 U.S. ___ (2019), is a case in which the U.S. Supreme Court struck down 's five-year mandatory minimum prison sentence for certain sex offenses committed by federal supervised releasees as unconstitutional unless the charges are proven to a jury beyond a reasonable doubt. Justices Ginsburg, Sotomayor, and Kagan joined Gorsuch's plurality opinion, while Breyer provided the necessary fifth vote with his narrow concurrence that began by saying he agreed with much of Justice Alito's dissent, which was joined by Justices Roberts, Thomas, and Kavanaugh.
Stokeling v. United States, 586 U.S. ___ (2019), was a United States Supreme Court case in which the court held that state robbery offenses that involve overcoming victim resistance count as "violent felonies" under the definition of that term under the Armed Career Criminal Act of 1984, even when only 'slight force' is required. Under the Armed Career Criminal Act, defendants with three or more violent felonies can face higher sentences when subsequently convicted of a federal firearms-related offense. This case upheld a ruling by the 11th Circuit.
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. Home to 5% of the global population but 25 percent of its prisoners, the U.S. possess the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited.
References
- ↑ Smith, Mitch (February 15, 2019). "A New Law Made Him a 'Free Man on Paper,' but He Died Behind Bars". New York Times. Retrieved 4 March 2019.
- ↑ Min Kim, Seung (November 14, 2018). "Trump endorses bipartisan criminal-justice reform bill". Washington Post. Retrieved 4 March 2019.
- ↑ Johnson, Dirk (November 8, 1993). "As Mandatory Terms Pack Prisons, Experts Ask, Is Tougher Too Tough?". New York Times. Retrieved 4 March 2019.
- ↑ Blinder, Alan; Medina, Jennifer (December 20, 2018). "He Was Sentenced to Life for Selling Crack. Now Congress Wants to Reconsider". New York Times. Retrieved 4 March 2019.
- 1 2 "The First Step Act of 2018: An Overview" (PDF). Congressional Research Service. March 4, 2019. Archived (PDF) from the original on February 14, 2021. Retrieved May 23, 2020.