Posts in Senate
The First Step Act promised widespread reform. What has the criminal justice overhaul achieved so far?

“Nearly a year after the First Step Act's passage, NBC News spoke to over a dozen people, including former and current elected officials, liberal and conservative advocates, and formerly incarcerated individuals, among others, who championed the reforms. They all agreed that the law's effects are tangible, and many believe the bipartisan coalition that produced it appears durable.“

NBC News

November 24, 2019

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Which 2020 Candidates Are The Most Progressive On Criminal Justice Policy?

“The plan: ask every campaign a set of yes-or-no policy questions within a larger issue. To start, we asked the 23 most prominent Democratic presidential campaigns six questions about criminal justice policy.1 The goal here is to reveal not only what the candidates might do if elected president, but also how that differs from the rest of the field — hence the decision to use yes-no questions, which will allow us (and you) to compare the candidates systematically.“

FiveThirtyEight

June 20, 2019

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A death penalty case shows the absurdity of the worst crime bill from the ’90s

“The rules laid out by AEDPA are incredibly complicated, but for the purposes of this post, the relevant provision states that to get a federal court to review a state court’s ruling, a defendant must show not only that the state court (and the state courts that upheld the ruling) were wrong, but that the prevailing ruling was either ‘contrary to, or involved an unreasonable application of, clearly established Federal law,’ or an ‘unreasonable determination of the facts in light of the evidence presented.’ Put plainly, you must convince the federal courts not only that the state courts were wrong, but also that they were unreasonably wrong.“

Washington Post

May 20, 2019

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Trump Keeps Celebrating Prison Reform. His Administration’s Latest Move Could Sabotage It.

“Now there’s another key indication that the First Step Act isn’t being implemented as criminal justice reform groups and some lawmakers intended. On Monday, the Justice Department announced that the Hudson Institute, a conservative DC-based think tank whose leaders have espoused harsh views on incarceration, would choose the members of an independent committee to help develop a risk assessment tool—a crucial component of the law, as it will be used to determine which federal offenders get access to certain rehabilitative programs and therefore establish how long they remain in prison. “

Mother Jones

April 11, 2019

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First Step Act Comes Up Short in Trump’s 2020 Budget

“But on Monday, their good faith was put to the test as President Trump released his budget priorities for 2020. Only $14 million was explicitly listed to finance the act’s programs. It’s unclear if additional funding could come from savings that could result from the early release of eligible prisoners under the measure or from reducing expenses elsewhere within the Department of Justice, as some advocates for the programs hope. The White House did not respond to questions.“

The Marshall Project

March 12, 2019

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Four Steps for Getting Republicans on Board With Criminal Justice Reform

“Many conservatives agree with progressives on important policies despite philosophical differences. Since the 2000s, red states such as Texas have begun to reduce incarceration, enhance in-prison rehabilitation programs, expand aid to former prisoners re-entering society, and even close prisons. The First Step Act—which received 87 votes in the GOP-controlled Senate—should provide Republican governors and state legislators with political cover to build on past success.“

Slate

March 1, 2019

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The new criminal justice law will modestly shrink prison populations. Should we go further?

“That reality, combined with the fact that the generational cutback in the size of the federal prison system has caused no evident problems, suggest the First Step Act should be considered just that — a first step. The extremely broad coalition that supported the First Step Act can reasonably aim higher in its next round of proposed reform, returning the federal prison system to its traditional role as an important — but small — part of the U.S. correctional system.“

Washington Post

February 25, 2019

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The First Step Act, explained

“The First Step Act, which passed with overwhelming support from Republicans and Democrats, takes modest steps to alter the federal criminal justice system and ease very punitive prison sentences at the federal level. It affects only the federal system — which, with about 181,000 imprisoned people, holds a small but significant fraction of the US jail and prison population of 2.1 million. “

Vox

February 5, 2019

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The criminal justice reform Trump can achieve without Congress

“A new clemency commission can be created without Congress. The idea has support from both left-wing and conservative advocates, who note Trump’s repeated musing about the unfairness of the criminal justice system, including a remark in October that “a lot of people” are in prison for “no reason” and that he was “actively looking” to address that.“

Washington Examiner

December 4, 2018

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Sentencing Reform Should Be a Top Post-Election Priority for Congress

“As Congress prepares to enter a lame-duck session following yesterday’s midterm elections, it has a rare opportunity to pass bipartisan legislation that will help reform our criminal justice system and end mass incarceration. And sentencing reform must be included in any meaningful effort to reduce the number of people entering the federal prison system.“

Brennan Center for Justice

November 7, 2018

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Ted Cruz’s Long Sellout on Criminal Justice Reform

“A year ago, Senate Judiciary Committee Chairman Chuck Grassley condemned a sentencing reform bill backed by Ted Cruz as ‘lenient’ and ‘dangerous.’ Eight months later, it was Cruz’s turn. Explaining his opposition to a sentencing reform bill backed by Grassley, Cruz described it as dangerously lenient.“

The American Conservative

October 10, 2018

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Texas’ two U.S. senators are undermining the state’s role as a leader in revamping overly harsh sentencing laws and reducing mass incarceration. [Opinion]

“Not long ago, Texas was viewed as a leading state on criminal justice reform. Former Gov. Rick Perry signed legislation that reduced the prison population and was regarded as a model for the country — embodying both compassionate and fiscal conservatism. Our state’s efforts were then embraced by federal leaders, with Texas Sens. Ted Cruz and John Cornyn championing legislation to reduce harsh federal sentences for drug offenses. But now Cruz and Cornyn have become the face of opposition to sentencing reform, and without their support, our state began losing its leadership role on this critical issue.“

Houston Chronicle

October 6, 2018

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Sentencing reform tests Cotton’s sway with Trump

"Despite the long odds, the battle is raging behind the scenes. Internal discussions of the subject at Senate lunches have been heated, according to Republican sources, a preview of what might happen on the Senate floor if the chamber takes it up. It’s the same dynamic that kept McConnell from bringing up a larger criminal justice reform package in 2016 as Cotton railed against it and declared the United States has an 'under-incarceration problem'."

Politico

August 20, 2018

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