Calling it an issue America can't afford to ignore, President Barack Obama laid out an expansive vision Tuesday
for fixing the criminal justice system by focusing on communities,
courtrooms and cellblocks. He announced a federal review of the use of
solitary confinement and urged Congress to pass a sentencing reform bill
by year's end.
In
a speech to the NAACP's annual convention, Obama also called for voting
rights to be restored to felons who have served their sentences, and
said employers should "ban the box" asking job candidates about their
past convictions. He said long mandatory minimum sentences now in place
should be reduced — or discarded entirely.
"In
far too many cases, the punishment simply doesn't fit the crime," Obama
told a crowd of 3,300 in Philadelphia. Low-level drug dealers, for
example, owe a debt to society, but not a life sentence or 20-year
prison term, he said.
With
his speech to the prominent African-American advocacy group, Obama
sought to put a spotlight on the need for new legislation as he mounted a
weeklong push on criminal justice reform. A day earlier, Obama commuted
the sentences of 46 nonviolent drug offenders — the most commutations a
president has issued on a single day in at least four decades.
Upon arriving Tuesday
in Philadelphia, Obama met with a number of former prisoners to discuss
their experience re-entering society, the White House said. And on Thursday,
Obama planned to put a personal face on the nation's mushrooming prison
population with a visit El Reno Federal Correctional Institution
outside of Oklahoma City — the first visit to a federal prison by a
sitting U.S. president.
The
assertive moves reflected a president eager to wield his executive
power during his waning years in office to reduce harsh sentences, cut
costs and correct disparities he said have disproportionally burdened
minorities. Earlier in his presidency, as he spent his political capital
carefully on major domestic priorities, Obama spoke cautiously and only
intermittently about the need for smarter sentencing and other justice
changes.
But
as of late, public attention has been piqued by a serious of upsetting
incidents across the country. In places like Baltimore, New York and
Ferguson, Missouri, tensions between law enforcement and their
communities have spilled out into the open, underscoring longstanding
concerns among minority communities that they're treated differently in
the criminal justice system.
Obama
pointedly acknowledged that many people in the U.S. need to be in
prison — "murderers, predators, rapists, gang leaders" — yet he said
that in too many instances, law enforcement is treating young black and
Latino men differently than their white peers.
"This is not just anecdotal. This is not just barbershop talk," he said.
The
White House said Obama wouldn't hesitate to commute more sentences in
the coming months if the circumstances were right. Yet Obama's ability
to address the problem unilaterally is limited, as the White House
readily concedes. So Obama has set his sights on the kind of
comprehensive fix that only Congress can provide.
"The statistics cannot be ignored. We cannot close our eyes anymore," Obama said.
Working in Obama's favor: tentative but optimistic signs of common ground between Republicans and Democrats.
Republicans
in particular have spoken with growing enthusiasm about the need for
structural change. Senate Judiciary Committee Chairman Chuck Grassley,
R-Iowa, has been working on legislation that could reduce some mandatory
minimums. Republican Sen. John Cornyn of Texas and Democratic Sen.
Sheldon Whitehouse of Rhode Island are backing a bill that would steer
lower-risk inmates into programs where they could earn earlier release
by participating in recidivism-reduction programs.
In
another positive sign for the prospects of justice reform, a number of
2016 presidential candidates have taken an active interest in the issue.
Sen. Rand Paul, R-Ky., has mounted a vocal push to restore voting
rights to nonviolent felons who have served their terms and to make it
easier for people with criminal records to get jobs. Gov. Chris
Christie, R-N.J., planned to give a speech Thursday in the troubled city of Camden focusing on nonviolent drug offenders.
But
not all Republicans were receptive to Obama's pitch. A group of 19
Republicans, led by House Judiciary Committee Chairman Bob Goodlatte of
Virginia, wrote a letter Tuesday
to Attorney General Loretta Lynch accusing Obama of blatantly usurping
congressional authority and using his pardon power for political
purposes.
Since
Congress enacted mandatory minimum sentences for drug crimes, the
federal prison population has multiplied, from just 24,000 in the 1980s
to more than 214,000, according to Families Against Mandatory Minimums.
In 2010, Obama signed the Fair Sentencing Act, cutting penalties for
crack cocaine offenses. And last year, the independent Sentencing
Commission reduced guideline ranges for drug crimes and applied those
retroactively.
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