The central remaining sentencing reform in the Durbin-Lee legislation would reduce mandatory minimum penalties for certain nonviolent drug offenses. Politico ran an analysis last week reporting that Sens Richard Durbin (D-IL) and Charles Grassley (R-IA), the top Democrat and Republican on the Senate Judiciary Committee, are still talking about a merger of bills such as the First Step Implementation Act (S.1014), the Smarter Sentencing Act (S.1013), and the COVID-19 Safer Detention Act (S. 312) into a single narrow follow-up bill amending the First Step Act, Durbin and Grassley are calling aSecond Step Act. 2023 Brennan Center for Justice at NYU Law, about Independent Oversight Is Essential for a Safe and Healthy Prison System, about There Is No One Answer to Over-Policing and Mass Incarceration There Are Many, about How Some European Prisons Are Based on Dignity Instead of Dehumanization, Government Targeting of Minority Communities, National Task Force on Democracy Reform & the Rule of Law, reentered the federal system with a vengeance, provide prosecutors with weapons to bludgeon defendants into effectively coerced plea bargains, in states with higher levels of racial animus, incarceration is inherently criminogenic, long-standing directive to federal prosecutors, Obama administrations efforts to temper mandatory minimums, Congress must repeal federal mandatory minimums, Mandatory Minimum Sentence Reform Act of 2017, Independent Oversight Is Essential for a Safe and Healthy Prison System, There Is No One Answer to Over-Policing and Mass Incarceration There Are Many, How Some European Prisons Are Based on Dignity Instead of Dehumanization. Writing in the Washington Examiner last week, Matt Schlapp chairman of the American Conservative Union argued that Congress should act to ensure that CARES Act home confinees stay at home after the pandemic ends. In a political environment where the parties compete for who can be more pro-criminal, the Democrats will always win. ), Bernie Sanders (I-Vt.), Angus King (I-Maine), and Tim Kaine (D-Va.). All rights reserved. But the MORE Act that passed the House in the last Congress the one with criminal retroactivity received only five Republican votes. Law Enforcement Lobby Quietly Tries To Kill Sentencing Reform - HuffPost Meanwhile, Durbin said hes concerned about a Second Step Acts prospects for passage, particularly given Republican accusations during Jacksons confirmation hearings that the justice-in-waiting was soft on crime. Race, Drugs And Sentencing At the Supreme Court While Ohio State law professor Doug Berman is skeptical of their chances, he notes that prior iterations of [the, SMARTER SENTENCING ACT RE-INTRODUCED IN SENATE, A lot of what had been contained in prior versions of the. cutting mandatory minimums in the drug trafficking laws. We love educating Americans about how their government works too! Alison Siegler is a clinical professor of law and the founding director of the Federal Criminal Justice Clinic at the University of Chicago Law School. Rather, anyprison time at allincreasesthe risk of future crimebecauseincarceration is inherently criminogenic; mandatory minimums only exacerbate this situation. We are grateful to the sponsors for recognizing that this needed reform should apply to those currently serving excessive sentences.. The confusion was compounded because we were unable to locate a draft of the, Currently, a single misdemeanor in ones background can disqualify the defendant from, After years of urging by the Sentencing Commission and studies showing that Congress rationale for the, Currently, the Byzantine sentencing regime in, The bill does not explicitly make any change it proposes retroactive other than the extension of the, Legal Information Services Associates LLC, Showing Some Compassion: 18 USC 3582(c)(1)(A)(i), Blue Christmas for Criminal Justice Reform Update for December 27, 2022, Prohibiting Punishment of Acquitted Conduct Act, EQUAL Act But Unequal Reform?
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