Thread by @RachelBarkow

The presidential election is critical for so many reasons, but I want to highlight what's at stake for criminal justice. The Unity Task Force put together by Biden and Sanders released their policy recommendations for the Democratic platform, and I want flag some key points /1

I'm going to focus on things that can happen even w/o Congress b/c these are real changes that could take place immediately. One is to "immediately withdraw the Trump Administration’s guidance
advising federal prosecutors to pursue the harshest penalties possible" /2

In its place will be "guidelines that advise prosecutors not to overcharge cases in order to coerce plea deals, or to
pursue harsher sentences in order to penalize citizens for exercising their right to a jury trial." /3

There is a pledge to "appoint people committed to criminal justice reform to key prosecutorial positions, including AG, DAG, and U.S. Attorneys" /4

The task force wants DOJ to collect data on federal prosecution practices & make it public. It will include opening investigations, charging, pretrial detention and release, plea offers, and sentence recommendations. It will include data on racial disparities. /5

I'd like this language a little stronger than "reining in" but there is a pledge to "ensure that victims of federal, state, and local law enforcement abuse of power can seek justice through civil litigation by reining in the doctrine of qualified immunity." /6

There is a pledge for real clemency reform: "To avoid possible institutional bias and ensure people have a fair and independent evaluation, establish an independent clemency board, composed and staffed by people with diverse backgrounds." /7

That independent clemency body (that won't be in DOJ) will be tasked with expanding the "Obama-era criteria" and introducting a "proactive clemency initiative to address individuals serving excess sentences." /8

I'm pleased to see this recognizes the link b/t judicial appointments and criminal justice reform and promises to "appoint federal judges who have demonstrated a commitment to criminal justice reform" /9

Even better, the document specifically states we need more judges "who have diverse backgrounds and experiences, including as public defenders, legal
aid attorneys, and civil rights lawyers." /10

This documents wants the federal Sentencing Commission to focus on reducing "unreasonably long sentences and promote rehabilitation" so presumably people will be appointed to the Commission with that goal in mind. /11

There is a much-needed commitment to "create a Bureau of Prisons ombudsman position for people who are
incarcerated and their families to make complaints and get prompt redress." /12

There is a pledge to "reinvigorate pattern-or-practice civil rights investigations under 34 U.S.C. § 12601 to address systemic police misconduct" and presumably people will be appointed to DOJ to make that happen /13

There is more, including many promises to see legislation and provide funding to incentivize states to make changes. But I tried to focus here on those things that a presidential administration has real control over to show you how things would change w/a new administration /14

For those of you who care about criminal justice reform, you may have preferred a different nominee. I get it. But this document shows Biden heard the calls and if this makes it into the Democratic platform (as it should), it will benefit thousands of people. /15

You can read the entire report here: joebiden.com/wp-content/upl… /16

These are much-needed institutional changes, and I hope you will vote to help turn these pledges into reality. /end