Eric Holder's speech on sentencing reforms

7/24/2019 Eric Holder's speech on sentencing reforms

1/27

Flannery LectureWashington, D.C.

November 5, 2015

Than you !or that in" intro"uction. #t

is a real $leasure to be here this evening

among so many "istinguishe" %u"ges an"

la&yers an" !rien"s. 'aving en"e" my

career in $ublic service ( yet again ( it is a

real honor to be able to a""ress you in this

courthouse on this occasion. Thomas

Flannery &as a great )*+), a great *.+.

)ttorney, an" a great %u"ge. 'e &as a

$resence in this city !or his entire li!e an" it

1


2/27

is !itting that &e gather every year to

e$lore an issue o! contem$orary relevance

as &e remember him. Than you !or

inviting me to s$ea to you tonight.

To"ay, a rare consensus has emerge" in

!avor o! re!orming our !e"eral "rug

sentencing la&s. This $resents a historic

o$$ortunity to im$rove the !airness an"

e!!iciency o! our criminal %ustice system.

-ut unless &e act uicly (an" e$ansively (

&e ris letting the moment $ass. Why is

this an issue to &hich &e shoul" "evote so

2


3/27

much attention/ ) !e& numbers hel$ to

illustrate the $oint. From the mi"(10s to

the mi"(130s )mericas incarceration rate

"ouble" !rom about 150 $eo$le $er hun"re"

thousan" to about 400 $er hun"re"

thousan". From the mi" 130s to the mi"

10s it "ouble" again. -y 2012 &e &ere

incarcerating 0 $eo$le $er hun"re"

thousan". From 10 until to"ay )merica

has increase" its $rison an" %ail $o$ulation

seven!ol", !rom about 400,000 to

a$$roimately 2.2 million. )mericas

3


4/27

incarceration rate is 12 times that o!

+&e"en, 3 times that o! #taly, seven times

that o! Cana"a, !ive times that o! )ustralia

an" !our times the rate in olan".

)mericas closest to scale com$etitor is

6ussia. utin an" his government im$rison

about 750 $eo$le $er 100,000 com$are"

&ith our 00 or so. We have 58 o! the

&orl"9s $o$ulation an" 258 o! the &orl"s

$risoners an" &e s$en" about :30 billion

$er year to house them in our $rison an"

%ail systems. -ut, some have ase", "o &e

4


5/27

have substantial numbers o! these lo& level

"rug o!!en"ers in the !e"eral system/ The

ans&er is yes ( more than a thir" o! those

convicte" o! !e"eral "rug crimes ha" no, or

a minimal, criminal history.

;ore numbers. -et&een 134 an" 1

the number o! )!rican )mericans a"mitte"

to $rison !or "rug o!!enses increase" more

than t&enty si !ol" relative to a seven !ol"

increase !or &hites. -y the early $art o! this

5


6/27

century there &ere more than t&ice as

many )!rican )mericans as &hites in state

$rison !or "rug o!!enses. ) stu"y !rom 2014

$re"icte" that one in three )!rican

)mericans born that year coul" e$ect to

s$en" some time in $rison com$are" &ith

one in 1 &hite men. Though in"ivi"ual

res$onsibility must al&ays be the $rimary

"eterminant, &e must acno&le"ge that the

racial "is$arity in incarceration rates has

bre" "istrust o! the system an" alienate"

communities o! color !rom those in la&

6


7/27

en!orcement &ho valiantly serve to $rotect

them.

'ar" uestions must be ase" an"

"i!!icult truths must be !ace". The


8/27

"ee$ening our investments in rehabilitation

an" reentry $rograms that can re"uce the

lielihoo" o! reci"ivism.

The $reliminary results !rom the +mart

on Crime a$$roach are etremely

encouraging. Last year, !e"eral $rosecutors

&ent !rom seeing a man"atory minimum

$enalty in t&o out o! every three "rug

tra!!icing cases, to "oing so in one out o!

t&o. This re$resents the lo&est rate on

recor", accor"ing to the *.+. +entencing

Commission. Last year also &itnesse" the

8


9/27

!irst overall re"uction in the !e"eral $rison

$o$ulation in 42 years. ;ost im$ressive o!

all, &e achieve" this "ro$ in incarceration at

the same time &e cut the crime rate,

maring the !irst simultaneous re"uction in

both crime an" incarceration rates in more

than !our "eca"es. Des$ite &arnings to the

contrary, the rate o! guilty $leas rose &ith

the +mart on Crime initiative. #n 2017,

.58 o! !e"eral "rug o!!en"ers $lea" guilty.

That is u$ !rom 2012 an" 2014. )n" the

rate o! coo$eration also rose a!ter the +mart

9


10/27

on Crime $olicy changes &ere im$lemente".

Those &ho say that &ithout the hammer o!

a man"atory minimum coo$eration cannot

be e$ecte", are sim$ly &rong. Long be!ore

the @ui"elines eiste" an" be!ore

man"atory minimums &ere &i"es$rea",

"e!en"ants sa& that it &as in their best

interest to coo$erate in or"er to receive a

lo&er sentence. )n" they "i" so. This

logical behavior has not change" since the

charging o! man"atory minimums

"ecrease". #n 2017, 25.8 o! !e"eral "rug

10


11/27

o!!en"ers receive" a $ositive government

motion !or $rovi"ing substantial assistance

That !igure, again "es$ite &hat some

&arne", is u$ !rom 2012 A24.18B an" 2014

A25.48B. The system is more !air an" more

e!!ective. 6e!orm has not ma"e us less sa!e

( this is a !act. Contentions to the contrary

are base" on out"ate" i"eology or sim$le

!ear o! change. To the etent that &e have

seen a rise in crime in some $laces this

calen"ar year, it is NT as a result o!

11


12/27

re!orm e!!orts enacte" in a number o! states

or being consi"ere" on the !e"eral level.

-ut &hile it is in"is$utable that &e are

moving in the right "irection, there is a

limit to &hat the


13/27

issue that is alrea"y transcen"ing $arty

lines. #n early 2015, conservative

staehol"ers lie och #n"ustries an"

)mericans !or Ta 6e!orm %oine" &ith

$rogressive voices lie the Center !or

)merican rogress to !orm a ne& coalition

"e"icate" to this cause. #n February o! this

year, resi"ent bama convene" a

bi$artisan collection o! la&maers E

inclu"ing +enators ;ie Lee an" Dic

Durbin, 6an" aul an" Cory -ooer E to

"iscuss $ossible congressional action. )n"

13


14/27

recently over 140 to$ la& en!orcement

o!!icials en"orse" the nee" !or re!orm ( an"

a ne& a$$roach. #n February, conservative


15/27

com$rehensive criminal %ustice re!orm bills

that go a long &ay to co"i!ying an" maing

$ermanent the re!orm e!!orts that so many

agree nee" to become real. The eisting

sa!ety valve that &oul" re"uce the

a$$licability o! man"atory minimum

sentences &ill $otentially be e$an"e".

Guantity base" man"atory minimums

coul" be more limite" in their $ossible use.

The stacing o! sentences &oul" be ma"e

less liely. The use o! a$$ro$riate

reci"ivism re"uction $rograms is ma"e

15


16/27

more liely an" the use o! com$assionate

release !or inmates over the age o! H0 is

liely to be e$an"e". These e!!orts un"er

consi"eration are notable, nee"e"

achievements ( but they are only a very

goo" start. )s both legislative bo"ies

consi"er this legislation, an" &hen the bill

is ultimately in con!erence, more nee"s to

"one.

First, there shoul" be an across the

boar" re"uction in the length o! man"atory

minimum sentences an" the elimination o!

16


17/27

a goo" number.


18/27

+econ", in the absence o! $arole, there

shoul" be an increase in the amount o!

cre"it given to all inmates &ho have

con"ucte" themselves in an a$$ro$riate

manner &hile incarcerate". )n" all

o!!en"ers ( regar"less o! their "esignate"

ris level ( shoul" also receive, an" be able

to use, earne" amounts o! cre"it !or

$artici$ating in rehabilitation $rograms.

White collar o!!en"ers in this regar" must

be treate" in the same manner as their

counter$arts.

18


19/27

Thir", the +entencing Commission

shoul" be "irecte" to to ensure that "rug

sentence gui"elines corres$on" to the no&

eisting !ive year( an" not the ten year (

man"atory minimums.

Fourth, increase" su$$ort !or !e"eral

"rug courts shoul" be bu"gete" &ith the

goal o! having such a court in every !e"eral

"istrict &ithin the net !ive years These

$rograms $rovi"e $roven alternatives to

incarceration !or men an" &omen &ho are

&illing to "o the har" &or o! recovery.

19


20/27

Fi!th, &hatever the outcome o! the

Congressional action, the re!orm measures

$ut in $lace at the De$artment o!


21/27

%ustice system it is long $ast time !or these

chemically i"entical substances to be

treate" the same.

+eventh, !inancial an" $rogrammatic

su$$ort must be given to re(entry

$rograms. The vast ma%ority o! $eo$le &ho

are incarcerate", over 08, &ill be release"

!rom %ail or $rison. We must increase their

chances o! maing a success!ul transition by

maing available the necessary tools an"

su$$ort. This is a critical $art in the attem$t

to re"uce the too high reci"ivism rate.

21


22/27

We shoul" not hol" on to $olicies &hose

value is largely !oun" in their longevity,

their !amiliarityI members o! congress an"

those most "irectly involve" in the struggle

against crime shoul" not "e!en" a

com!ortable but out"ate" status uo.

6e!orms that are evi"ence base" must be

su$$orte". Those &ho &oul" hol" on to the

!amiliar must un"erstan" that !ailure to

change &ill have an im$act they surely

cannot su$$ort ( bu"get im$lications &ill

mean !e&er agents an" )*+)9s an" a

22


23/27

lessene" ca$acity to $rovi"e grants to those

in state an" local la& en!orcement. Without

change, the system as &e no& it cannot be

economically sustaine". This is not about

com$romising $ublic sa!etyI it is about a

ne& a$$roach that &ill ee$ us secure,

re"uce costs, $romote !airness an" insure

a"euate !un"ing !or la& en!orcement in

the !uture.

These $ro$ose" Congressional re!orms (

though im$ortant ( only im$act the !e"eral

criminal %ustice system &hich houses

23


24/27

roughly 108 o! our nations $rison

$o$ulation. This e!!ort can, ho&ever, be a

beacon !or similar e!!orts !or the states

&here the vast ma%ority o! $risoners are

"etaine". Let us not !orget ho& !ar &e have

un!ortunately come. China has

a$$roimately !our times our $o$ulation

but )mericas %ails an" $risons hol" hal! a

million more $eo$le. ne thir" o! the


25/27

than H08 o! those convicte" o! crac

cocaine o!!enses &ere sentence" to at least

ten years in $rison ( the highest $ercentage

o! any grou$ ( an" 208 &ere sentence" to

at least 20 years. The current rate an"

length o! incarceration in this country is

un$rece"ente" by both historical an"

com$arative stan"ar"s. -ase" on the

e$erience &e have gleane" !rom the

im$act o! our +mart on Crime e!!orts no& is

a time that &e can be safely bold. We

must not let this moment $ass or tae hal!(

25


26/27

measures ( it &ill liely be another

generation be!ore this issue is eamine" to

this "egree again. Those &ho are

consi"ering these statutory an" $olicy

changes must ee$ in min" this

incontrovertible !actJ there is not a tension

bet&een re!orm an" $ublic sa!ety. #n !act,

evi"ence base" re!orm &ill mae us a sa!er (

an" more %ust ( nation. # ho$e that in the

"ays ahea" lea"ers in Congress an" aroun"

the country &ill come together to hel$ buil"

the more !air, more e!!icient, an" more

26


27/27

e!!ective criminal %ustice system that our

nation "eserves.

EHH

Documents

Eric Holder's speech on sentencing reforms