The Political Dynamics of Justice Reform in The U.S.
The Political Dynamics of Justice Reform in The U.S.
The Political Dynamics of Justice Reform in The U.S.
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disproportionately ground up <strong>in</strong> the current system. <strong>Reform</strong> is backed by a strangebedfellows<br />
alliance <strong>of</strong> conservative and progressive <strong>in</strong>terest groups and by many bigcity<br />
law enforcement <strong>of</strong>ficials. And a new poll released Thursday by the Pew Charitable<br />
Trusts f<strong>in</strong>ds strong public support for reduc<strong>in</strong>g or even elim<strong>in</strong>at<strong>in</strong>g mandatory m<strong>in</strong>imum<br />
sentences and lett<strong>in</strong>g prisoners earn time <strong>of</strong>f their sentences by participat<strong>in</strong>g <strong>in</strong><br />
programs like job tra<strong>in</strong><strong>in</strong>g and drug counsel<strong>in</strong>g.<br />
Supporters <strong>of</strong> reform are mobiliz<strong>in</strong>g a last-ditch assault on Capitol Hill, hop<strong>in</strong>g to<br />
conv<strong>in</strong>ce lawmakers that reform is a matter <strong>of</strong> public safety and fiscal prudence. <strong>The</strong>y<br />
are p<strong>in</strong>n<strong>in</strong>g some hopes on Ryan, on endorsements from police chiefs and prosecutors,<br />
and on the fact that everybody is still actively negotiat<strong>in</strong>g. “<strong>The</strong> clock has not run out,”<br />
said one congressional aide. Gloomier advocates say that even if Ryan delivers <strong>in</strong> the<br />
House, it would take a near-miracle to get anyth<strong>in</strong>g bold through the Senate.<br />
Some reform proponents believe the best they can expect is that Congress will grant a<br />
very narrow reprieve for one group <strong>of</strong> crack coca<strong>in</strong>e <strong>of</strong>fenders. Back <strong>in</strong> 2010, Congress<br />
reduced sentences for <strong>in</strong>mates who were punished under a law that treated crack<br />
coca<strong>in</strong>e far more severely than powder coca<strong>in</strong>e. (<strong>The</strong> most conspicuous difference<br />
between the two forms <strong>of</strong> the drug is that powder is more popular with white users,<br />
while crack users tend to be black.) An estimated 5,800 people convicted before 2010<br />
rema<strong>in</strong> imprisoned. Congress could make these prisoners retroactively eligible for a<br />
judicial review <strong>of</strong> their sentences.<br />
In the absence <strong>of</strong> legislation, President Obama will surely come under pressure to use<br />
his powers <strong>of</strong> executive clemency aggressively <strong>in</strong> his f<strong>in</strong>al days. Thousands <strong>of</strong> federal<br />
prisoners have applied to have their sentences commuted, but the cases are backed<br />
up <strong>in</strong> a process<strong>in</strong>g pipel<strong>in</strong>e.<br />
If reform dies on Capitol Hill, the autopsy is likely to identify several causes <strong>of</strong> death.<br />
• <strong>The</strong>re are few pr<strong>of</strong>iles <strong>in</strong> courage <strong>in</strong> an election year. Witness Sen. Ted Cruz, the<br />
Texas Republican who as recently as 2014 told a press conference that<br />
mandatory m<strong>in</strong>imum sentences currently <strong>in</strong> force have condemned “far too many<br />
young men, and <strong>in</strong> particular far too many African-American young men” to lifedestroy<strong>in</strong>g<br />
sentences for relatively m<strong>in</strong>or drug <strong>of</strong>fenses. Tout<strong>in</strong>g his home state’s<br />
record <strong>of</strong> reduced <strong>in</strong>carceration and fall<strong>in</strong>g crime rates, he declared, “We need to<br />
recognize that young people make mistakes, and we should not live <strong>in</strong> a world <strong>of</strong><br />
Les Miserables.” Now campaign<strong>in</strong>g for the White House as the meanest man <strong>in</strong><br />
the field, Cruz has swiveled, denounc<strong>in</strong>g a bill that is considerably less generous<br />
to <strong>of</strong>fenders than the one he supported back then. “We know to an absolute<br />
certa<strong>in</strong>ty that an unfortunately high percentage <strong>of</strong> those <strong>of</strong>fenders will go and<br />
commit subsequent crimes,” he says now. “And every one <strong>of</strong> us who votes to<br />
release violent crim<strong>in</strong>als from prison prior to the expiration <strong>of</strong> their sentence can<br />
fully expect to be held accountable by our constituents.” Cruz may be the least<br />
popular man <strong>in</strong> the Senate, but many a lawmaker can imag<strong>in</strong>e hear<strong>in</strong>g the same<br />
alarmist rhetoric com<strong>in</strong>g from the lips (and campaign ads) <strong>of</strong> a primary opponent.<br />
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