I am tired of the weird dynamic among many supporters of criminal justice reform that makes us quiet when things like this happen. Like what? Like a bunch of teenagers and kids, mostly kids of color, getting shot and killed. It’s as if we say anything... nytimes.com/2020/07/27/nyr…
We think we are calling attention to something that will make passing reforms more difficult. Or that we are contributing to the inevitable overreaction by the media. But I don’t buy it. I don’t care to defend the current system. These killings don’t undermine the reforms I seek
I support reforms that I think will make communities safer so this spike in shootings isn’t something we should ignore or downplay. Every murder of a child is horrific. It should spur us to push for workable solutions.
But I sense unease in even admitting crime increases. When crime goes down, we all seem like experts. I see all the “we know what works” tweets. So why go silent when violent crime ticks upward? Let’s let those who administer a system that clears 20-30% of homicides defend that.
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THREAD: Do you remember the #KeepThemHome campaign? 2 years ago, thousands of ppl sent to federal home confinement during the pandemic were faced with prospect of being returned to prison, despite fact that they were thriving at home and were never told they might have to go back
If you don’t know or remember, you can get the background here:
In Dec 2021, sanity prevailed, and the Biden DOJ issued a new OLC memo that said the Bureau of Prisons (BOP) has authority under the CARES Act to determine whether to return anyone to prison. That should have been the end of the story. reuters.com/world/us/us-ju…
First chapter in this interesting new book is about criminal punishment. Some highlights:
"Studies show that without a threshold level of certainty, punishment will simply not deter. Criminologists have found that crime increases in places that have lower than a 30 percent arrest rate, and it decreases in places with arrest rates higher than 30 percent...
"If the certainty of being caught matters, law enforcement becomes essential for deterrence."
When the GOP takes over the House (and maybe the Senate) in November, and the talk of how much this development will hurt justice reform efforts, remember this moment. Pending in Congress is a bill - the EQUAL Act - that would reduce unnecessary prison sentences by 67,00 years.
The bill was approved by the House with 361 votes. If brought to the floor of the Senate tomorrow, it surely would receive more than 60 votes. It is the only decarceration measure that has broad support from law enforcement organizations, like @ndaajustice,
conservative advocates, like @RightOnCrime, and usual justice reform allies. It would allow @POTUS to correct his support for the 1986 law that created the crack disparity. Most importantly, it would reunite thousands of families without increasing crime.
Buckle up for a longer #KeepThemHome update:
In AG Garland’s announcement that DOJ would not require people on CARES Act home confinement to return en masse at the end of the pandemic, he said DOJ would begin a rule-making process.
The process is to determine who BOP should bring back to prison. FAMM and others have been arguing no one should be sent back unless they broke the rules. BOP in a memo repeated its view people with lengthy sentences remaining should be brought back to prison for programming.
In fact, BOP said sentence length should be an important factor in deciding whom to bring back.
We sent a letter to Dep AG Lisa Monaco recently explaining why that reasoning is flawed. We gave real-life examples and the first was Kendrick Fulton. We wrote:
#KeepThemHome update: Some folks are getting scared that a recent BOP memo means that certain people on CARES Act home confinement are going to have to go back to prison when the pandemic ends. While that has always been a possibility, I want to share why it's not time to panic.
The original OLC memo was in response to a BOP request for clarification that BOP could bring some people on CARES Act HC back to prison if they thought they would benefit from additional programming, etc. OLC shocked the world in Jan '21 by saying you have to bring everyone back
When OLC revised its memo last month, it said BOP didn't have to bring everyone back - hooray - but that BOP's original interpretation was accurate and that BOP COULD choose to bring some people back. Now a memo from BOP's departing general counsel outlining how they might do...
The New York Times story last week has generated a lot of buzz about the home confinement issue. For newcomers, here is a get-you-up-to-speed thread. nytimes.com/2021/07/19/us/…
In March 2020, Congress passed the CARES Act to expand BOP’s discretion to give home confinement in order to combat the spread of Covid. This was smart. Typically, BOP is only authorized to send ppl to home confinement for a bit of their sentence – 6 mos or 10%, whichever is less
The CARES Act authorized DOJ to give more time on home confinement so long as the AG found that COVID was “materially affecting” BOP’s functioning. Barr did that right away and DOJ established strict eligibility criteria – to get extended home confinement, a person: