Showing posts with label Criminal Justice System. Show all posts
Showing posts with label Criminal Justice System. Show all posts

Monday, April 8, 2019

Illinois: BILL TO BRING JUSTICE FOR THOSE WRONGFULLY ARRESTED, CHARGED



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by: Illinois Policy Institute

Springfield, IL - April 8, 2019 - (The Ponder News) -- Cook County’s criminal justice system could become fairer through a new bill that relieves wrongfully arrested and charged people of the burden of paying to clear their names. Senate Bill 482, championed by state Sen. Jacqueline Collins, D-Chicago, would waive fees to expunge or seal records for people in Cook County who have been acquitted, had their convictions reversed, or whose charges have been dropped or dismissed.

The bill passed today 53-0 on the floor of the Illinois Senate.

Many people cannot afford to petition the court to correct their record for crimes they did not commit. This bill would remove that financial burden and allow people wrongfully arrested or charged the opportunity to clear their names.

SB 482 would be an extension of a pilot program under the Criminal Identification Act, which began in 2016 and lapsed Jan. 1.

“As unjust as it is to face a wrongful arrest, charge or conviction, it can be a lifelong sentence to have records with false information linked to you. It is not fair that someone has to pay to clear his or her name in these cases,” said Amy Korte, research director for the nonpartisan Illinois Policy Institute. “We applaud Sen. Collins for her work to remove unfair barriers to work and life opportunities for people who have already suffered injustice.”

The bill now moves to the House, and if approved, will make its way to the governor’s desk.

Background:

  • Wrongful arrests and charges are a rampant problem in Illinois. Nearly 20% of arrestees in Cook County jail ultimately have their charges dropped, according to Sheriff Tom Dart.
  • In Cook County, the fee to have records expunged or sealed is $120. Expunging means to delete records entirely as if the event never occurred. Sealing means to make records hidden unless court-ordered.
  • If lawmakers vote to renew the pilot program in the Criminal Identification Act, it would take effect immediately upon becoming law and extend through Dec. 31, 2020.

  • Thursday, October 5, 2017

    Senators Hatch, Lee, Cruz, Perdue, and Paul Introduce Bill to Strength Criminal Intent Protections

    Senators Orrin Hatch (R-UT), Mike Lee (R-UT), Ted Cruz (R-TX), David Perdue (R-GA), and Rand Paul (R-KY) introduced legislation to strengthen criminal intent protections in federal law. Their bill, the Mens Rea Reform Act of 2017, would set a default intent standard for all criminal laws and regulations that lack such a standard. This legislation would ensure that courts and creative prosecutors do not take the absence of a criminal intent standard to mean that the government can obtain a conviction without any proof a guilty mind.

    “Rampant and unfair overcriminalization in America calls for criminal justice reform, which starts with default mens rea legislation,” Sen. Hatch said. “Requiring proof of criminal intent protects individuals from prison time or other criminal penalties for accidental conduct or for activities they didn’t know were wrong. In recent years, Congress and federal agencies have increasingly created crimes with vague or unclear criminal intent requirements or with no criminal intent requirement at all. The Mens Rea Reform Act will help correct that problem and ensure that honest, hardworking Americans are not swept up in the criminal justice system for doing things they didn’t know were against the law.”

    “Prosecutors should have to show a suspect had a guilty mind, not just that they committed an illegal act, before an American is put behind bars,” Sen. Lee said. “Unfortunately our federal laws contain far too many provisions that do not require prosecutors to prove a defendant intended to commit a crime. The result is criminal justice system that over penalizes innocent acts which only undermines the rule of law."

    “I’m proud to join Sen. Hatch in addressing one of the biggest flaws in our modern criminal justice system,” Sen. Cruz said. “Currently, the federal government can send men and women to prison without demonstrating criminal intent. As Congress works to address criminal justice reform, the Mens Rea Reform Act needs to be enacted to protect the rights of all Americans.”
      
    Statements of Support

    John Malcolm, Vice President for the Institute for Constitutional Government and Director of the Meese Center for Legal and Judicial Studies, Heritage Foundation:
    Senator Hatch deserves a lot credit for keeping the issue of mens rea reform on the front burner.  Mens rea reform is a matter of fundamental fairness.  By having adequate mens rea standards, we ensure that moral blameworthiness is front and center in our criminal justice system.  The intent of the actor should make a difference in whether he is criminally prosecuted or is dealt with through the civil or administrative justice systems.  We should not be so cavalier about labeling someone a criminal, with all of the collateral consequences that flow from that, when someone does something unwittingly that causes harm.  Restoring moral blameworthiness to greater prominence in our criminal laws will revitalize our criminal justice system and preserve its moral authority, which, in turn, will engender respect for the rule of law.

    Norman L. Reimer, Executive Director, National Association of Criminal Defense Lawyers (NACDL):
    NACDL lauds this important solution among several solutions that it actively supports to help address the fundamental imbalances and the destructive consequences of this country’s criminal justice system. Its members urge Congress to support Senator Hatch’s continued commitment to this fundamental principle of fairness.

    David Patton, Executive Director and Attorney-in-Chief, Federal Defenders of New York, Inc.:
    As Federal Defenders, we are acutely aware of the need for mens rea reform. Over 80 percent of people charged with federal crimes are too poor to afford a lawyer, and nearly 80 percent of people charged with federal crimes are Black, Hispanic, or Native American. These are our clients, and too many of them are subject to laws that are neither fair nor consistent with traditional principles of criminal liability. This bill would help to remedy some of those failings.

    Efforts to reform mens rea intent requirements for federal criminal statutes are supported by the US Chamber of Commerce, Heritage Foundation, Koch Industries, and many others.

    Wednesday, October 4, 2017

    Booker, Senators Introduce Bipartisan Comprehensive Criminal Justice Reform Package

    Washington, D.C. - October 4, 2017 (The Ponder News) -- U.S. Senator Cory Booker (D-NJ) today joined a bipartisan group of senators in reintroducing the Sentencing Reform and Corrections Act of 2017, which will recalibrate prison sentences for nonviolent drug offenders, target violent and career criminals, and save taxpayer dollars. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement.

    Booker was joined by Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), Senate Democratic Whip Dick Durbin (D-Ill.) and senators Mike Lee (R-Utah), Sheldon Whitehouse (D-R.I.), Lindsey Graham (R-S.C.), Patrick Leahy (D-Vt.), Jeff Flake (R-Ariz.), Tim Scott (R-S.C.), Dianne Feinstein (D-Calif.) and Roy Blunt (R-Mo.).

    “America’s criminal justice system is broken. The mass incarceration explosion of the last 40 years has cost taxpayers billions of dollars, held back our economy, undermined public safety, disproportionately affected communities of color and the poor, and devalued the very idea of justice in America. The bipartisan Sentencing Reform and Corrections Act is a critically important and urgently needed step forward to help right these wrongs,” Booker said.

    “Our justice system demands consequences for those who choose to run afoul of the law, and law enforcement works hard to keep our communities safe. This bipartisan compromise ensures that these consequences fit their crimes by targeting violent and career criminals who prey on the innocent while giving nonviolent offenders with minimal criminal histories a better chance to become productive members of society. This bill strikes the right balance of improving public safety and ensuring fairness in the criminal justice system. It is the product of much thoughtful deliberation, and we will continue to welcome input from stakeholders as we move forward,” Grassley said.

    “This compromise represents more than five years of work on criminal justice reform. The United States incarcerates more of its citizens than any other country on earth. Mandatory minimum sentences were once seen as a strong deterrent. In reality they have too often been unfair, fiscally irresponsible and a threat to public safety. Given tight budgets and overcrowded prison cells, our country must reform these outdated and ineffective laws that have cost American taxpayers billions of dollars. This bipartisan group is committed to getting this done,” Durbin said.

    “Since arriving in Congress, I’ve made it a priority to reform our criminal justice system so that it both keeps the public safe and imposes fair sentences. The Sentencing Reform and Corrections Act would be an important step in the right direction. It has strong bipartisan support from across the political spectrum, and I call on Congress to pass this historic legislation and on the president to sign it,” Lee said.

    “This bill tackles major problems facing our criminal justice system. It recognizes that longer sentences don’t always lead to safer communities or less crime, and that the toughest penalties should be aimed at the worst offenders. And it uses what’s worked for states to prepare inmates for life after prison. In Rhode Island, that kind of smart anti-recidivism programming has led to big gains for former inmates, our prison system, and the communities where prisoners return, and to lower crime and recidivism rates. I’m proud to support this bipartisan, comprehensive legislation,” Whitehouse said.

    “We maintain the tools law enforcement needs to continue making sure that the worst drug traffickers and violent criminals stay off of our streets. We also provide flexibility in sentencing for those offenders who deserve it. I'm proud to support this important legislation,” Graham said.

    "For too long Congress reflexively turned to ineffective and Draconian mandatory minimum sentences to solve every public safety concern. I have been heartened by the growing, bipartisan agreement in Congress that it is time to fix our mistakes. Although I wish it did more, the Sentencing Reform and Corrections Act will begin to bring fairness to our sentencing laws and will save us millions of dollars that can be reinvested in our communities. We must keep pushing to see that this bill is enacted," Leahy said.

    “We can both keep violent offenders off the streets and ensure that non-violent offenders are serving time that better matches their offense. I look forward to working with this bipartisan group of Senators to help reduce recidivism, keep violent offenders off the street, and ensure our criminal justice system is both fair and tough,” Scott said.

    “I oversaw more than 5,000 felony cases during my service on the California Women’s Board of Terms and Parole. I know the negative effects of rigid, determinate sentences on families and defendants. Judges need discretion to evaluate the facts of each case before them. I’m glad that Chairman Grassley and Senator Durbin will reintroduce their bipartisan compromise bill, which has strong support. I look forward to working with the chairman to move the bill forward,” Feinstein said.

    “This bill will enable law enforcement to focus on bringing the most dangerous criminals to justice, while reducing recidivism rates. This measure represents a thoughtful, bipartisan approach to criminal justice reform. I look forward to continuing to work with law enforcement, faith leaders, and local organizations to strengthen our justice system and make our communities safer,” Blunt said.

    The Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. The bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. Under the bill, courts must first review eligible inmates’ individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate.

    Importantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies.

    In addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. Qualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. The bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmate’s case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate.

    Thursday, April 6, 2017

    Criminal Justice System


    Paul, Booker, Cummings Introduce Bipartisan, Bicameral Bill to Fix Broken Criminal Justice System
    Senator Cory A. Booker (D-NJ)
    April 5, 2016

    U.S. Senator Rand Paul (R-KY), U.S. Senator Cory Booker (D-NJ), and U.S. Rep. Elijah Cummings (D-MD) today re-introduced the REDEEM Act (Record Expungement Designed to Enhance Employment Act), a bipartisan, bicameral bill to help fix our broken criminal justice system. While the U.S. is home to less than five percent of the world’s population, it is responsible for almost 25 percent of the world’s prison population. Our crippled system wastes massive sums of taxpayer dollars to make our streets less, not more safe.
    Read more...

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