Initial Question: President Biden, during the presidential campaign, pledged to enact meaningful criminal justice reform.  You are an advisor to President Biden, and he asks you for the first three things he should do to keep his campaign promise.  What are the first three reforms you will recommend to President Biden?

Obviously, there is no wrong answer, so you need to explain your choices.

Classmate 1 Andrew: There are many reform ideas that I will suggest to President Biden, but the first three are in relation to discriminatory sentencing, sentencing regulations, and regulating punishments related to drug offenses.

The first reform area that is going to be addressed is equal sentencing across all races that is free from discrimination. This issue has plagued the United States since its inception. A study conducted in the state of Maryland in the early 2000s determined that African Americans were given 20% longer sentences than whites, on average, holding age, gender, and general sentence lengths from the guidelines (Bushway & Piehl, 2001). Additionally, of the 1.2 million male prisoners in state or federal custody during the year of 1999, approximately 46% were African American and 18% were Hispanic (Betsey, 2004). The most concerning part about African Americans and Hispanics making up 64% of the prison population in the United States is the fact that Whites made up around 75% of the entire United States population. One issue is the use of public defenders and their impossible workloads. There is an abundant reason for concern that implicit biases may affect the way they defend (Richardson & Goff, 2013). These leads them to suggest plea deals and may cause offenders to get stuck in the criminal justice system. Movements have been made in this area, but there is still a long way to go.

The second reform area is setting sentence regulations for offenses, rather than letting human judgement and biases dictate the lengths. Why is sentencing so political? Criminal Justice policy is politicized, and decisions are often made based on Democrat vs. Republican ideological conflicts over how to respond to each and every crime (Aharonson, 2013). They often make decisions based on their political affiliation. The flaws in sentencing disparities dwell in politics and how judges and prosecutors are selected. Over 95% of county municipal prosecutors are selected by popular election (Aharonson, 2013). European judges and prosecutors career civil servants and their tenure and promotion is dependent on the evaluation from superior colleagues (Aharonson, 2013). The American judges may aim to please their political party while the European judges must work to satisfy their evaluators. I believe that the people deciding the fates of our citizens should operate on integrity and not the purpose of pleasing their political party.

The third reform target area is giving the appropriate punishments that is consistent across all demographics and sexes for drug related crimes. It is no surprise that the United States “War on Drugs” needs reform. Race was a proven factor in a sample study of Texas felony drug offenders. African Americans were more likely to receive prison time and receive longer sentences in comparison to Caucasians and Hispanics were more likely to receive prison time in comparison to Caucasians (Curry & Corral-Camacho, 2008). A separate Texas study determined that females were less likely to be sentenced to prison and also receive shorter sentences if sentenced in comparison to males (Rodriguez et al, 2006). A good alternative to punishments for drug related offenses would be to provide early release from prison and provide second chance mechanisms as alternatives (Berryyessa, 2021). These mechanisms would drastically reduce the prison population and work towards rehabilitating our citizens.

References

Aharonson. (2013). DETERMINATE SENTENCING AND AMERICAN EXCEPTIONALISM: THE UNDERPINNINGS AND EFFECTS OF CROSS-NATIONAL DIFFERENCES IN THE REGULATION OF SENTENCING DISCRETION. Law and Contemporary Problems, 76(1), 161–187.

Berryyessa. (2021). Public Support for Using “Second Chance” Mechanisms to Reconsider Long-Term Prison Sentences for Drug Crimes. Federal Sentencing Reporter, 34(1), 71–79. https://doi.org/10.1525/fsr.2021.34.1.71

Betsey. (2004). Income and Wealth Transfer Effects of Discrimination in Sentencing. The Review of Black Political Economy, 32(3-4), 111–120. https://doi.org/10.1007/s12114-005-1008-8

BUSHWAY, & PIEHL, A. M. (2001). Judging Judicial Discretion: Legal Factors and Racial Discrimination in Sentencing. Law & Society Review, 35(4), 733–764. https://doi.org/10.2307/3185415

Curry, & Corral-Camacho, G. (2008). Sentencing young minority males for drug offenses: Testing for conditional effects between race/ethnicity, gender and age during the US war on drugs. Punishment & Society, 10(3), 253–276. https://doi.org/10.1177/1462474508090231

Fernando Rodriguez, Curry, T. R., & Lee, G. (2006). Gender Differences in Criminal Sentencing: Do Effects Vary Across Violent, Property, and Drug Offenses? Social Science Quarterly, 87(2), 318–339. https://doi.org/10.1111/j.1540-6237.2006.00383.x

Richardson, & Goff, P. A. (2013). Implicit Racial Bias in Public Defender Triage. The Yale Law Journal, 122(8), 2626–2649.

Classmate 2 Jessica: Hello Everyone,

In the last few years, criminal justice reform has become an essential topic in today’s society. President Biden needs to continue to work in three areas police reform, getting rid of mandatory sentences for certain crimes, and improving racial and income equality in this country. President Donald Trump signed the First Step Act in December 2018, which was to decrease the size of the prison population and find ways to improve criminal justice reform for the country. 

President Biden should focus on police reform in our country. Police officers have a formidable job, and we appreciate them for their service and sacrifice. Law enforcement officers perform their duties as peace officers, and in many cases, that has not been happening. Training for police officers needs to include conflict resolution and how to interact with everyone in our community, especially individuals with mental health problems. Excessive force should not be the first option used when being called to a situation if it is not necessary. The Justice Department announced new policy rules for our law enforcement in September 2021. “Justice Department’s ban on police use of chock-holds, restriction on no-knock warrants, and body cam requirements for federal officers while pushing for the George Floyd Justice in Policing Act on police abuse and accountability remains stalled in the Senate” (Davidson, 2021). 

Mandatory sentences for crimes need reevaluating. While trying to reduce drug crimes in the 1980s, judges’ mandatory sentences guidelines were used in this country. Also, the three-strike and you-out rule eliminated judges’ judicial discretion when sentencing a person. The offense did not always warrant mandatory sentencing. Specific rehabilitation for that individual would have been more appropriate in some cases. However, it was the law. Former inmates should have their criminal records cleared once their probation requirements are fulfilled. 

Lastly, improving laws that focus on racial and income equality in our country. This issue is challenging due to the country’s history of racial and income inequality. People will not change overnight because they have been taught and raised in households with different beliefs. You have to change individuals’ minds and hearts, which is extremely difficult. There have been multiple incidents of police brutality and even killings in minority communities in recent years. Social service organizations’ education and training programs can help increase individuals’ knowledge of treating people with respect. Funding in our schools should be the same in low-income communities and wealthy communities. We cannot grow as a country without providing the highest level of education to our children. 

Davidson, J. (2021, December23). Biden touts criminal justice record-but advocates want more action quickly. The Washington Post.

Classmate 3 Joseph: President Biden must make three key reforms: racial discrimination injustices, clemency and sentencing reforms, and policy reforms. In terms of racial discrimination and racial injustices, the United States remains a highly and deeply racist country. President Biden entered the office when national protests against police brutality and racial injustices had increased. Besides, his presidential campaigns were highly supported by Black voters, who now expect to see many changes related to racial injustice (Ray, 2021). Many people want him to address key issues associated with systemic racism and discrimination, which remain persistent in the criminal justice system. It is critical for the president to attend to racial issues, especially considering that many Americans have come to confront the reality of racial discrimination and how it has influenced the criminal justice system. Systemic racism is a major issue in the country, and the president must find ways to root it out by making various reforms.

Clemency and sentencing reform are another critical area that the president must address during his tenure. Many individuals expect concrete action from the president regarding the issue of granting clemency to thousands of people who were released by the Trump administration to home confinement when the pandemic began. The president is responsible for ensuring that these people maintain their freedom with a mere stroke of a pen (Johnson, 2021). However, despite several months of pressure from activists who want the justice system overhauled, the president has not made any move regarding this matter yet. Many Americans wonder when the president will make the necessary changes regarding clemency and sentencing. Some are losing faith and hope that the president will get other things done. The worries are increasing because many people on home confinement are unsure whether they should start families, get leases, begin colleges, or continue with their lives because the president has not granted clemency to anyone. Thus, the president needs to address this issue as part of his top priorities in criminal justice reforms.

Police reform is another key area that many expected changes; however, it has been more than a year, yet little or no change has occurred. After the death of George Floyd, which led to national and worldwide protests, many believed that president Biden had noted the essence of making reforms on police brutality and police misconduct. Shockingly, only one policeman has been convicted of murder in the case. Americans expected more action to be taken on the matter by convicting all the officers that were involved in the matter that got worldwide attention during a pandemic. More people died during the trial length hence there is a need for thorough actions on brutal police officers. 

References

Johnson, C. (2021, Deember 12). Activists wanted Biden to revamp the justice system. Many say they’re still waiting. Retrieved from www.npr.org: https://www.npr.org/2021/12/12/1062485458/biden-criminal-justice-system-clemency

Ray, R. (2021, Tuesday 4). Is the United States a racist country?Retrieved from www.brookings.edu: https://www.brookings.edu/blog/how-we-rise/2021/05/04/is-the-united-states-a-racist-country/

Classmate 4 Martiza: The Criminal justice system is a segment within the government’s structure that has come under scrutiny on many occasions. As the current USA president Joe Biden was seeking to take over the USA presidency, he promised that his tenner in power would be marked with meaningful criminal justice reforms. As his advisor, he should consider making three significant reforms in the criminal justice system to keep his word. The first reform that the president should consider making is policing. Such reforms within the police department may include increased funding of the Community Oriented Policing Services (De Soto, 2018). Additionally, he should also consider amendment of laws to hand more power to the US Department of Justice as this will ensure that police will be held accountable if, in any case, they abuse their power (De Soto, 2018). However, as the president is looking to make these policy reforms, he should be able to point out the fact that the federal government should also be obliged to make these reforms, as, for a fact, most policing is done at state and local levels. 

The second reform that the president should consider implementing is creating checks for prosecutorial power. Most people have questioned the fact whether a prosecutor is above the law. The lack of thorough checks for a prosecutor’s decisions has raised questions within the criminal justice system. The president should look at reforms that would cut off some of the prosecutor’s powers and ensure that the Justice Department investigates any prosecutor’s misconduct (Sawyer, 2019). The third reform would be for the government to look at ways to curb the root causes of crime. Such reforms would come in place if the government is able to fund affordable lifestyle in areas such as housing and reducing drug abuse (Thornberry et al., 2019). These reforms would ensure a minimal crime rate and consequently improve the criminal justice system. 

References

De Soto, W. (2018). Do police officers in the USA protect and serve all citizens equally? Social Sciences, 7(10), 190. https://www.mdpi.com/2076-0760/7/10/190/pdf

Sawyer, L. (2019). Reform prosecutors and separation of powers. Okla. L. Rev., 72, 603. https://digitalcommons.law.ou.edu/cgi/viewcontent….

Thornberry, T. P., Kearley, B., Gottfredson, D. C., Slothower, M. P., Devlin, D. N., & Fader, J. J. (2018). Reducing crime among youth at risk for gang involvement: A randomized trial. Criminology & Public Policy, 17(4), 953-989. https://www.fftllc.com/documents/Thornberry_et_al-…