Edmonton Journal

U.S. seeks to fix ‘broken’ justice system

Aims to make sentences more humane, fair

- WILLIAM MARSDEN

WASHINGTON — While Canada has pushed harsher penalties in a tough-on-crime political agenda, the U.S. signalled Monday it will make sweeping changes to its “broken” criminal justice system that are designed to render it more humane and cost-effective.

After decades of harsh punishment­s for petty and nonviolent crimes that studies have found are often racially discrimina­tory and ineffectiv­e, the White House hopes the new way forward will reduce bloated prison population­s and open the path to rehabilita­tion.

“Too many Americans go to too many prisons for far too long and for no good lawenforce­ment reason,” U.S. Attorney General Eric Holder said in a speech Monday to the American Bar Associatio­n. “It is well past time to implement common sense changes that will foster safer communitie­s from coast to coast.”

On the new policies, he said: “We must face the reality that, as it stands, our system is in too many respects broken.”

Canada’s Conservati­ve government passed an omnibus bill in 2012 that in some ways mimics the U.S. system of imposing often severe minimum sentences for most crimes. Critics call this punishing the crime and not the action. The Canadian law imposes mandatory minimum sentences for some drug crimes, sexual offences against children and violent young offenders.

But the U.S. system failed to reduce serious crime while making it the world leader in per-capita incarcerat­ion, with more than two million people behind bars in 2009. U.S. prisons hold 25 per cent of the world’s inmates, although the country accounts for only five per cent of the world’s population.

Holder said the number of inmates in federal prisons has grown an astonishin­g 800 per cent since 1980, when a “tough-on-crime” mentality progressiv­ely took over the justice system under Republican presidents. The growth continues despite the fact federal prisons are now 40 per cent above capacity, Holder said.

As well, incarcerat­ion costs have skyrockete­d in the U.S. to about $80 billion a year in 2010 from $60 billion in 2009. “It comes with human and moral costs that are impossible to calculate,” he said.

U.S. prisons have become revolving doors for repeat offenders, with nine to 10 million inmates entering and exiting every year. About 40 per cent of federal prisoners and 60 per cent of state prisoners find themselves back inside within three years of their release, Holder said.

Holder announced Monday that his prosecutor­s will no longer institute proceeding­s against non-violent, low-level criminals with crimes that carry mandatory minimum sentences. “Because (mandatory minimums) oftentimes generate unfairly long sentences, they breed disrespect for the system,” he said.

He also said he intends to release prisoners who have served lengthy sentences and are not deemed a threat to society.

Finally, Holder said he will use drug rehabilita­tion centres and community service as alternativ­es to prison, particular­ly for young people.

“By reserving the most severe penalties for serious, highlevel, or violent drug trafficker­s, we can better promote public safety, deterrence, and rehabilita­tion — while making our expenditur­es smarter and more productive,” he said.

Examples of people sentenced unfairly abound. In one recent case, Edward Young was helping a neighbour take her deceased husband’s bureau to a flea market. He found some shotgun shells in a drawer. Because he was convicted 20 years earlier of three burglaries, he was prohibited from possessing firearms or ammunition. Police, investigat­ing Young over his involvemen­t in a 2011 burglary for which he was recently found guilty, discovered the ammunition in his home. Married with four young children, he was sentenced by a reluctant judge on May 9 to 15 years in jail.

With rising warehousin­g costs a main driver of change, 17 states have already taken action. Texas reduced its prison population by 5,000 last year after it invested in drug treatment for non-violent offenders and changed its parole policies. Arkansas reduced its inmate population by 1,400 after similar changes.

Mary Price, vice-president of Families Against Mandatory Minimums, said Holder’s announceme­nt is a great beginning, but there’s more to be done, such as dropping mandatory sentences for all federal crimes, which are primarily non-violent drug crimes.

Real change, she said, will depend on Congress.

 ?? ANDREW BURTON/GETTY IMAGES FILES ?? Prisons like this one, hold two million inmates — making the U.S. a world leader in incarcerat­ion.
ANDREW BURTON/GETTY IMAGES FILES Prisons like this one, hold two million inmates — making the U.S. a world leader in incarcerat­ion.
 ??  ?? Eric Holder
Eric Holder

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