Joe Biden has a long history of being tough on crime. In a 1994 Senate floor speech he likened himself to Richard Nixon: “Every time Richard Nixon, when he was running in 1972, would say, ‘Law and order,’ the Democratic match or response was, ‘Law and order with justice’ — whatever that meant. And I would say, ‘Lock the SOBs up.’”
While campaigning for president last year, however, Biden promised sweeping changes to the criminal justice system. And Biden could not have been more clear that he was committed to reform — promising, “as president” to “strengthen America’s commitment to justice and reform our criminal justice system.”
Then Biden got elected. And he’s been busy with other things.
Indeed, President Biden’s January executive order canceling contracts with private prison operators was merely a nice gesture. Given the perverse incentives behind for-profit mass incarceration, this was welcome news for the 14,000 people in applicable prisons.
But what about the 2 million-plus Americans (Biden’s “SOBs”) who remain in jail? What about the hundreds of thousands serving multi-year sentences for nonviolent offenses? And what about former inmates still handicapped by the myriad harmful effects of serving time?
These millions of Americans — and their millions of loved ones — are anxiously awaiting Biden’s next move. To fulfill his campaign promises, Biden must do a lot more than cancel a few contracts.
The United States has the highest incarceration rate in the world. We spend roughly $182 billion annually to lock up a tragic percentage of our adult population.
It is of course true that some people belong in prison, particularly chronically recidivist or violent offenders. But an enormous number of Americans are in prison who shouldn’t be. Biden should take three initial steps to address this problem.
First, Biden must lead a legislative effort to eliminate mandatory minimum sentences. Mandatory minimums require judges to sentence defendants convicted of certain crimes to minimum — and usually excessive — sentences. This system eliminates the essential discretion traditionally vested in judges to sentence people in careful proportion to their specific offenses.
Second, Biden and Congress must direct significant resources to enhance the representation of underprivileged defendants. America’s overburdened public defenders cannot adequately navigate the complicated thicket of American justice. As civil rights attorney Bryan Stevenson put it: “Our criminal justice system treats you better if you are rich and guilty than if you are poor and innocent.”
Third, Biden’s Department of Justice must improve conditions in state-run jails. America does not just send too many people to jail. Once imprisoned, inmates are often subject to unconscionable abuse and neglect. The DOJ must aggressively use its authorities to supervise and investigate state-run jails and, when necessary, enforce meaningful changes.
[image_caption]William Cooper[/image_caption]
Human beings in jail are just as important as those who are free. And battling the tens of millions of Americans who reject that view takes courage and hard work. Biden’s failure to fulfill his campaign promise to reform America’s broken criminal-justice system has been a stunning act of omission in an otherwise ambitious policy agenda. And his legislative window to get something done is closing fast. Biden must correct course before the victims of America’s mass incarceration epidemic are, yet again, spurned by those who have promised to help.
William Cooper is an attorney. He writes from California, where he has a national legal practice.
What dishonest tripe. Probably 95 percent of this concerns state law, over which Biden has no control.
A FAR more important question is when will President Biden fulfill his promise to be a moderate who brings this country together? Instead of being a moderate, President Biden’s first 10 months has been highly divisive and represent far far left policies.
“…represent far far left policies.” Only in the minds of a very small, very loud minority, Mr. Downing.
To the far right, everything that isn’t outright fascism looks “far left.”
“far far left policies.”
Like getting shots in arms, making “Infrastructure Week” a reality and far far left policies like allowing the government to negotiate the prices it pays for drugs and a child care tax benefit for working families.
I can’t find the far far left things you describe? Can you list a few that are “top” priorities? No fair going to FOX, OAN or News Max…
I have to go with Pat Terry on this one. Most of the incarceration agenda is under the control of state legislatures, and the part that’s under federal control is directed by Congress, not the Executive branch. Biden could pontificate – his predecessor did a lot of that – but the President doesn’t write lawa, nor does he enforce them. The writing part is up to Congress, the enforcing part is up to the Department of Justice (and, to a degree, the courts).
“First, Biden must lead a legislative effort to eliminate mandatory minimum sentences.” Total nonsense. Federal law requires lengthy 5-, 7-, 10-, and 30-year mandatory minimum sentences for possessing, brandishing, or discharging a gun in the course of a drug trafficking crime or a crime of violence (18 U.S.C. § 924(c)).
With all the gun violence and car jackings going on where victims are being pistol whipped or being threatened with guns to their head, I would think the citizenry would approve of such mandatory sentences. The real problem is, according to the U.S. Sentencing Commission, in 2019, only 7.6% of offenses involving guns were prosecuted under this statute.
“Then Biden got elected. And he’s been busy with other things.”
Ya think?
I think you have to do some pretty bad things to end up in prison. The 3 guys who killed 8 at the bar in St Paul had been given a slap on the wrist time after time. So I’m not a fan of slap on the wrists. You commit the crime, you go to jail or prison.
That being said, it’s part of our constitution that people have a right to a defense in a court of law. I think we need to beef up the offices of public defenders all over the country.
I also think prisons need to do a better job of helping people get their high school GED and/or learn a trade/skill so they can find a job when they get out. I wish we did a better job of helping people when they are released. Housing, job opportunities and mentors would go a long way to help keep those recently released from going back in.
I know it’s really tough for former felons to get a job. What could be done to help make that an easier process? Without a job, I would guess many repeat the same crime, making it virtually certain they will be lifers in crime. Just my thoughts, wish there was something I could do to help people in this situation.
Maybe he should put his VP in charge of this issue?
She is highly effective and even has lower approval ratings.
Since when do you guys put any stock in approval ratings?
You voted for the President with the lowest ratings ever. Biden has already surpassed Trump’s best ever..
I look at the long list of things Biden has been trying very hard to do since his term began in January, and I wonder what planet this California attorney lives on that he would try to create some criminal justice crisis for Biden to pay attention to RIGHT NOW?
Based on stuff Biden said about criminal justice between 25 and 50 years ago, to boot!
This kind of strange, out-of-the-blue advocacy of a non-urgent problem leads one to wonder: who is this guy? and, what’s his real interest, his agenda?
Maybe non-urgent but important nonetheless. For the thousands rotting in prisons around the country because they got caught with weed, they might see the issue with a bit more urgency. Just yesterday, I went to my local weed store and bought some tasty bud, all without any threat of potentially being incarcerated for possession. For many of those incarcerated, the only crime they committed was simply possessing weed, or smoking it.
Representative Mace, out of South Carolina is introducing a bill, similar to the one Schumer put out a while back on marijuana legalization nationally. The two bills agree on most of the issues, removing cannabis from the federal schedule of drugs, an automatic expungement of federal records for non-violent drug offenses, open banking, and allow VA physicians to prescribe medical marijuana. Removing all stigma, having some limited federal oversight, but mainly letting the states work out the details, but under a national rubric. This could be legislation that actually gets bi-partisan support too
Biden signing this into law would go far in reigning in the horrific problem of our war on drugs.
Nobody is in federal prison for merely possessing or smoking weed. And Biden can’t do anything about people in state prison.
Biden can’t sign legalization bill until it passes congress, and that won’t happen any time soon. Be mad at Biden if it does and he doesn’t.
That’s a laugh – nobody is in federal prison for possession, yeah sure. You should get out more.
Never said the Pres could do anything, but thanks for putting words in for me – that’s nice.
The bill I mentioned, one came from Schumer, the other Mace (Republican), and as written, both bills agree on the foundational limits, they differ on taxes. Schumer’s bill would have a higher federal tax, Mace’s lower, and they differ on how that tax revenue would be allocated. But, and this is important so I’ll type slowly so you can follow along, this is a start, and a pretty good one, both sides are looking for solutions and common agreement.
Simple drug possession is not a federal offense unless it is committed on federal territory. Possession with intent to distribute, or transporting it across state lines, is a federal offense.