NCJ Number
225438
Date Published
November 2008
Length
263 pages
Annotation
In order to assist America’s legislative and executive policymakers entering office after the 2008 elections in their review of the criminal justice system, approximately 25 organizations and individuals from all aspects of the criminal justice community (the 2009 Criminal Justice Transition Coalition) developed policy recommendations for 15 broad issue areas.
Abstract
Recommendations regarding “Criminalization” address the over-criminalization of conduct, the “over-Federalization” of criminal law, and the exercise of enforcement discretion. Recommendations for “Pre-Conviction: Investigation and Indictment” focus on Federal law enforcement reform, forensic science reform, and Federal grand jury reform. Recommendations for “Post-Conviction: Sentencing and Sentence Management” pertain to Federal sentencing reform and asset forfeiture reform. Recommendations for Federal sentencing reform encompass Federal mandatory minimum reforms, alternatives to incarceration, prison incentives and management, the promotion of fairness, and addressing disparity. Other postconviction recommendations address innocence issues, prison reform, and pardon power/executive clemency. Recommendations for “Leaving Prison: Re-entry” are designed to ensure successful reintegration after incarceration. Recommendations for “Systemic-Cross Cutting Reforms” focus on public defense reforms; death penalty/habeas corpus reform; juvenile justice reforms; compliance with international law and protecting consular access (modification of “Medellin”); and victims issues and restorative justice. The overarching themes in the recommendations as a whole are fairness and accuracy; the elimination of disparities; alternatives to incarceration; proportionate punishment; incarceration, rehabilitation, and reentry; effectiveness; and cost-reduction. All of the recommendations presented were reviewed by a broader group of experts who represented a diversity of philosophies and points of view, so as to assess the substantive and political viability of each recommendation. Separate short-term and long-term action lists for executive and congressional policymakers are outlined for each recommendation.