ILNews

Justice Department outlines new clemency initiative

IL Staff
April 23, 2014
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The U.S. Department of Justice Wednesday announced its initiative to encourage qualified federal inmates to petition to have their sentences commuted or reduced by the president of the United States.

The initiative stems from the Fair Sentencing Act, which reduced disparities in sentences for offenses involving crack cocaine, but that Act does not apply to those who were sentence before its passage in 2010.

Deputy Attorney General James M. Cole said at a press conference, “The fundamental American concept, equal justice under law, requires that our laws be enforced fairly – and not just going forward, but it is equally important that we extend this fairness to those who are already serving prison sentences for their crimes.”

Prisoners who want their sentences reduced or commuted must meet six criteria: (1) inmates who are currently serving a federal sentence in prison and, by operation of law, likely would have received a substantially lower sentence if convicted of the same offense today; (2) are non-violent, low-level offenders without significant ties to large-scale criminal organizations, gangs, or cartels; (3) have served at least 10 years of their sentence; (4) do not have a significant criminal history; (5) have demonstrated good conduct in prison; and (6) have no history of violence prior to or during their current term of imprisonment. The initiative is not limited to crack cocaine offenders.

As part of the initiative, offenders who meet these criteria will be offered the assistance of an experienced pro bono attorney in preparing his or her application for clemency.

Once the DOJ has made a preliminary determination that a petition is worthy of serious consideration, it will consult with the U.S. Attorney’s Office and the trial judge that handled the case to get their views on whether to grant the application.

American Bar Association President James R. Silkenat, said in a press release that the ABA welcomed President Barack Obama’s intention to extend clemency to some prisoners who have suffered decades of unequal and unfair disparities in sentencing.

“Public confidence in the criminal justice system is directly linked to fairly imposed punishments, a principle President Obama and the Department of Justice recognize and appear poised to advance. Today’s announcement of the clemency initiative represents months of hard work by the DOJ, members of the ABA and lawyers from other organizations. This clemency initiative is a step forward for equal justice, something the ABA and its members fight for every day,” Sikenat said.  
Clemency Project 2014, a working group composed of the Federal Defenders, the American Civil Liberties Union, Families Against Mandatory Minimums, the American Bar Association, and National Association of Criminal Defense Lawyers, as well as individuals active within those organizations, released a statement in support of Cole’s announcement. Clemency Project members will collaborate to recruit and train attorneys on how to screen for prisoners who meet the criteria laid out by the deputy attorney general.

“Our federal sentencing laws have shattered families and wasted millions of dollars,” said Vanita Gupta, ACLU deputy legal director. “Too many people—particularly people of color—have been locked up for far too long for nonviolent offenses. The President now has a momentous opportunity to correct these injustices in individual cases.”

The Smarter Sentencing Act of 2014 looks to focus federal resources on the most serious offenders.

 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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