Brennan Center for Justice essays: on Crime
Bill Clinton:
End over-imprisonment for non-serious crimes
We have a genuine chance at bipartisan cooperation [on] the over-imprisonment of people who did not commit serious crimes. The drop in violence & crime in America has been an extraordinary national achievement. But plainly, our nation has too many people
in prison and for too long--we have overshot the mark. It has been two decades since there was sustained national attention to criminal justice. By 1994, violent crime had tripled in 30 years But now it's time to take a clear-eyed look at what
worked, what didn't, and what produced unintended, consequences. So many of these laws worked well, especially those that put more police on the streets. But too many laws were overly broad instead of appropriately tailored. A very small number of
people commit a large percentage of serious crimes--and society gains when that relatively small group is behind bars. But some are in prison who shouldn't be, others are in for too long, and without a plan to reintegrate them into our communities.
Source: Brennan Center for Justice essays, p. v
Apr 28, 2015
Chris Christie:
Strict bail for violent offenders; free bail for non-violent
I proposed two common-sense reforms to refocus New Jersey's bail system on whether a person poses a danger. These changes finally allow New Jersey courts to keep dangerous criminals off the streets and in jail until trial. In August 2014, I signed a law
that created non-monetary alternatives allowing for the release of low-level offenders while they wait for trial. And in November, our citizens voted to pass a bipartisan ballot initiative that I championed to amend our state constitution and allow
judges to deny bail for dangerous offenders, keeping them behind bars while they wait for trial. Our constitution had been interpreted to require judges to set bail amounts for all offenders--even if judges thought they should be kept behind bars
because they were dangerous.6 Judges should be able to look at defendants' criminal history, determine whether they pose a potential danger to other individuals--witnesses or innocent citizens on the streets--and then decide whether bail makes sense.
Source: Brennan Center for Justice essays, p. 21
Apr 28, 2015
Chris Christie:
Ban the Box: no criminal background check for job applicants
In 2014, I also signed legislation to "ban the box" and end employment discrimination against people with criminal records.10 The Opportunity to Compete Act limits employers from conducting criminal background checks on job applicants
until after a first interview has taken place. This will make a huge difference to people who have paid their debts to society and want to start their lives over again. They now have the opportunity to do that in our state.
Source: Brennan Center for Justice essays, p. 22
Apr 28, 2015
Cory Booker:
Prisons grow irrespective of crime rates
You may assume mass incarceration exists because people are committing more crimes. But that is not true. Violent crime has declined roughly by half since 1993. In fact, numerous studies have shown that incarceration rates cannot be tied to crime rates.
The incredibly costly reality is that prisons in our nation continue to grow irrespective of crime rates. It is a bureaucracy that has been expanding independent of our security or safety.In fact, Americans are increasingly detained in jails for
simply being too poor to pay a fine or from conduct stemming from mental illness, homelessness, or addiction. Instead of empowering people to succeed or treating their addictions or mental health problems, our overuse of detention, jail,
and incarceration aggravates their problems. Being poor should not be a crime. Incarcerating a person further undermines his or her ability to achieve economic stability, and have an arrest record that makes the person even less employable.
Source: Brennan Center for Justice essays, p. 8-9
Apr 28, 2015
Hillary Clinton:
Black lives matter: inequality is not inevitable
[What can we say] about the cruel reality that African-American men are still far more likely to be stopped and searched by police, charged with crimes, and sentenced to longer prison terms? Or that 1/3 of all black men face the prospect of prison
during their lifetimes, with devastating consequences for their families & communities?We have allowed our criminal justice system to get out of balance, and I hope that the tragedies of the last year give us the opportunity to come together as a
nation to find our balance again. We can stand up together and say: Yes, black lives matter. Yes, the government should serve and protect all of our people. Yes, our country is strongest when everyone has a fair shot at the American Dream. Inequality is
not inevitable. Some of the social disparities we see today may stem from the legacy of segregation & discrimination. But we do not have to perpetuate them, and we do not have to give into them. The choices we make matter. Policies matter. Values matter.
Source: Brennan Center for Justice essays, p. 26
Apr 28, 2015
James Webb:
Holistic plan to bring hardened criminals to justice
Despite burgeoning prisoner populations, our communities are not safer and we are still not bringing to justice many of the most hardened criminals who perpetuate violence and criminality as a way of life. It is in the interest of every American that
we thoroughly reexamine our entire criminal justice system. I am convinced that the most appropriate way to conduct this examination is through a Presidential commission, tasked to bring forth specific findings and recommendations for Congress to enact.
We need a holistic plan to identify and solve the entire range of problems plaguing our system, from point of apprehension to sentencing, prison administration, and reentry programs for those who wish to become full, participating members of our society.
We are putting too many of the wrong people in prison. This does not bring safety to our communities. While heavily focused on nonviolent offenders, law enforcement has been distracted from pursuing more serious and violent crimes.
Source: Brennan Center for Justice essays, p.118-9
Apr 28, 2015
James Webb:
Independent commission: restructure criminal justice system
Only an independent, outside commission focusing on the larger national problem of mass incarceration can bring us complete findings necessary to restructure the criminal justice system. The commission would review all areas of federal and state criminal
justice practices and make specific findings, including an examination of:- The reasons for the increase in the US incarceration rate compared to historical standards.
- Incarceration and other policies in similar democratic, Western countries.
- Costs of current incarceration policies.
- The impact of gang activities.
- Drug policy and its impact on incarceration, crime, and sentencing.
- Policies as they relate to the mentally ill.
- The historical role
of the military in crime prevention and border security.
It is time to modify our criminal justice policies according to what is broken and what works. The creation of a National Criminal Justice Commission is still the best way to do this.
Source: Brennan Center for Justice essays, p.120
Apr 28, 2015
Joe Biden:
Police and communities must respect each other
Does the danger the police face prevent the police in your neighborhood from seeing the people they serve? I served in these communities as a public defender, and for 36 years as Delaware's senator. I know, and I see, the goodness and decency in
communities across the country. And I have also worked with thousands of honorable and decent police officers.It is the responsibility of every community to recognize the humanity of the men and women who volunteer to put themselves in harm's way,
to answer the urgent call in the night, to do the best that they can. And it is the responsibility of every officer who takes an oath to protect and serve to respect the dignity of every person that officer encounters, young or old, male or female,
black, white, Hispanic, or Asian. We need to agree as a nation on two basic statements of truth. Number one, cops have a right to make it home to their families tonight. And number two, all minorities have a right to be treated with dignity and respect.
Source: Brennan Center for Justice essays, p. 4-5
Apr 28, 2015
Joe Biden:
Community policing is expensive, but it works
I helped institutionalize community policing, in the 1994 Biden Crime Bill. When it started, it worked. But it's really expensive. It takes a lot of cops. In the beginning we had adequate resources. The 1994 Biden Crime Bill at the time was a pretty
expensive operation. It put another 100,000 cops on the street, and it cost $1 billion. But because crime was rampant, everybody signed on. And it worked. Community policing costs a lot of money.
It's more expensive to have individuals patrolling the neighborhood than relying on technology . But since 1998, states, as well as the federal government, in large part because crime dropped, have started to slash budgets. We acted like the problem
was solved. Crime was not at the top of the country's agenda anymore. As a result, since 1998, funding for community policing has been cut by 87%. That means fewer cops on the streets and in neighborhoods, building recognition and trust.
Source: Brennan Center for Justice essays, p. 5-6
Apr 28, 2015
Kamala Harris:
Imprison violent criminals, not the non-violent
For several decades, tough laws and long sentences have created the illusion that public safety is best served when we treat all offenders the same way: arrest, convict, incarcerate, and hope they somehow learn their lesson. But the majority of prisoners
are serving time for nonviolent offenses--what I call the base of the "crime pyramid." At the top of the pyramid are the most serious and violent crimes, which are committed far less often but should demand most of our attention in law enforcement.
At the base of the pyramid are the vast majority of crimes committed, which are nonviolent & nonserious.Crime is not a monolith. Instead of a one-size-fits-all justice system, [we must] focus on the top of the pyramid and avoid treating all offenders
the same. This approach has three pillars: maintain a relentless focus on reducing violence and prosecuting violent criminals, identify key points in the lives of young offenders to stop the escalation of criminal behavior, and support victims of crime.
Source: Brennan Center for Justice essays, p. 37-8
Apr 28, 2015
Marco Rubio:
False choice between rampant crime vs. overstretched prisons
Certain Roman Emperors had a practice of posting new criminal offenses so high up on columns in the Forum that subjects could not read them, nor hope to comply with them. This story is usually told as evidence of the madness and cruelty of those leaders.
As Americans, we deserve a criminal justice system that is neither mad, nor cruel, but fair and just--with criminal laws and regulations that are easy to understand and not prone to abuse.
Congress can begin the project of restoring a criminal justice system that both protects public safety and reflects our values as a free people.
We do not have to choose between the rampant criminality of the 1970s and
1980s and the overreaching criminal laws and overstretched prison resources we have today. Working together, those of us in government along with partners in civil society can work to restore an America characterized by liberty and law.
Source: Brennan Center for Justice essays, p. 98
Apr 28, 2015
Martin O`Malley:
Abolish the death penalty: we're one of the last refuges
The majority of public executions now take place in just seven countries: Iran, Iraq, China, North Korea, Saudi Arabia, Yemen, and the United States of America. Our home is one of the last refuges of the death penalty. Our nation was not founded on
fear, or on revenge, or on retribution. Freedom, justice, equal rights before the law, and a fierce belief in the dignity of every human being--these are the foundational notions of what it means to be American. Our values are our treasures,
and the death penalty is incompatible with them.
Nevertheless, advocates of the death penalty will argue that the death penalty is firmly rooted in our legal tradition, extending to its roots in England. But just as our notions on equality and
civil liberties have rightfully changed since the early days of the republic, it is time to reconsider the place of the death penalty in our criminal justice system--and whether we should, as a nation, replace the death penalty with life without parole.
Source: Brennan Center for Justice essays, p. 79
Apr 28, 2015
Mike Huckabee:
Authorized 16 executions while governor, record for Arkansas
As a governor, I know firsthand the importance of delivering justice, especially for the worst crimes in our society. I authorized 16 executions, more than any other governor in my state's history. It was my duty and I took it seriously because each
was the only decision I had made that was absolutely irrevocable. I have no tolerance for those who victimize and terrorize the innocent through crime. Ending someone's life is not a trivial decision--it requires caution, care, and prayerful wisdom.
Source: Brennan Center for Justice essays, p. 43
Apr 28, 2015
Rand Paul:
Focus on violent criminals, not nonviolent African-Americans
Our nation's laws should focus on imprisoning the most dangerous and violent members of our society. Instead, our criminal justice system traps nonviolent offenders--disproportionately African-American men--in a cycle of poverty, unemployment, and
incarceration. The lack of trust toward police in minority communities and the protests on our nation's streets are rooted in growing discontent: 57% of Americans express confidence in the police, but only 34% of African Americans feel the same way.
Source: Brennan Center for Justice essays, p. 83
Apr 28, 2015
Rand Paul:
Stop transferring military equipment to local police
The escalation of the militarization of America's police force has become increasingly alarming over recent years. Police departments are being equipped with military grade gear and equipment, usually with little to no oversight or documented training.
Evidence has shown that the use of SWAT teams to execute search warrants disproportionality affects minorities in comparison to white suspects.The Department of Defense's 1033 program, which transfers militarized equipment to law enforcement, has
transferred $5.1 billion worth of new equipment from the Department to federal and local law enforcement agencies since its creation in 1997.
The Stop Militarizing Our Law Enforcement Act will substantially curb this practice.
The bill will prohibit the transfer of militarized weaponry that was never designed to be in the hands of law enforcement--including mine-resistant ambush protected vehicles and weaponized drones.
Source: Brennan Center for Justice essays, p. 87
Apr 28, 2015
Scott Walker:
Require certainty in sentencing, to protect crime victims
When thinking of criminal justice system reform, I first think about the impact on victims. Often times, the voices of those most seriously harmed are not always the ones most prevalently heard in our courtrooms.
A woman once related to me how she testified against her perpetrator because she was told that he would be punished for his crime, that he would serve his time, and that she and other potential victims would be safer.
She was not aware that he would soon be released and back on the streets due to a shortened sentence.
Years ago, I authored legislation that required certainty in sentencing so victims like that woman can know how long the man who attacked
her will be behind bars--whether it is two or 20 years. As a victim, she deserves to be a part of that process and she deserves to have the peace of mind of knowing how long he will be in prison.
Source: Brennan Center for Justice essays, p.111-2
Apr 28, 2015
Ted Cruz:
Convert regulatory crimes into civil offenses
The number of federal criminal offenses would now exceed 4,600. But even that does not capture the full scope of our overcriminalization epidemic because many federal regulations carry criminal penalties. If those regulations are included in the tally,
then the total number of federal offenses could reach a staggering 300,000. Congress and the president should work together--perhaps through a commission--to scrub the entire US Code, eliminating crimes that are redundant and converting regulatory crimes
into civil offenses.Perhaps most importantly, Congress should enact legislation that requires the government to prove the defendant knowingly violated the law--or that, at least, allows a mistake of law defense--for certain classes of crimes that have
no analog in the common law or that no reasonable person would understand to be inherently wrong. Where the government has criminalized non-blameworthy conduct for regulatory purposes, ignorance of the law should be a valid defense to criminal liability.
Source: Brennan Center for Justice essays, p. 32-3
Apr 28, 2015
Page last updated: Dec 07, 2018