Don Philpott - Critical Government Documents on Law and Order

CRITICAL DOCUMENTS SERIES

1. Critical Government Documents on the Environment by Don Philpott, 2015.

2. Critical Government Documents on Health Care by Don Philpott, 2015.

3. Critical Government Documents on Law and Order by Don Philpott, 2016.

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Library of Congress Control Number: 2016941030

ISBN: 978-1-59888-783-9

E-ISBN: 978-1-59888-784-6

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When any part of the American family does not feel like it is being treated fairly, thats a problem for all of us. Its not just a problem for some. Its not just a problem for a particular community or a particular demographic. It means that we are not as strong as a country as we can be. And when applied to the criminal justice system, it means were not as effective in fighting crime as we could be.

President Barack Obama
December 1, 2014

By targeting the most serious offenses, prosecuting the most dangerous criminals, directing assistance to crime hot spots, and pursuing new ways to promote public safety, deterrence, efficiency, and fairnesswe can become both smarter and tougher on crime.

- Attorney General Eric Holder
Remarks to American Bar Associations Annual Convention in San
Francisco, CA
August 12, 2013

The national debate about law and orderthe relationship between the police and the public and issues of racial profilinghas rarely been more vocal than it is today. There are frequent reports of white police officers fatally shooting black people or using excessive force. Usually there is a rapid rush to judgement, and often these incidents lead to protests, violence, and even rioting.

One reason the situation is more volatile today is the ability to take videos of incidents on ones cell phone. Sometimes these videos capture only part of an incident, which can be misleading, while at other times they can offer concrete evidence to exonerate the police or prove that the officer was wrong, especially when the video is compared with the official statements written by that officer following the incident.

What is evident today is that large sections of the population, especially some minorities, mistrust the police. Equally, many police officers, because they often face life threatening situations, are now more wary when handling situations and may be quicker to react if they feel threatened, whether that threat is real or not.

It must also be added that every day tens of thousands of police officers interact with millions of people across the country without incident and that the relationship between the two parties is good.

This book looks at many of the critical issues concerning law and order in the United States and how, in one way or another, these may affect us all. We could be the victim of a violent crime or know someone who has been; we could have drug dealers working on our street corners threatening our safety; we could have our identities stolen by hackers; or we could be casualties of a terrorist attack.

There are many issues that need to be tackled, from a top down review of our criminal justice system to a return to true community policing where everyone works together to keep our streets free of crime. Work on some of these issues is already underway and will be discussed in detail in later chapters.

Finally, the book looks at the most recent government working party into community policing and the recommendations it proposes to restore the trust between the police and the public they serve.

Two initiatives already underway will have a dramatic impact on law and order in the United States. The first concerns the criminal justice system, and the second regards policing methods for the next several years.

The Smart on Crime Initiative

The following section is from the Justice Departments August 2013 report entitled, Smart on Crime: Reforming the Criminal Justice System for the 21st Century1.

At the direction of then Attorney General Eric Holder in early 2013, the Justice Department launched a comprehensive review of the criminal justice system. The goal was to identify reforms that would ensure federal laws are enforced more fairly andin an era of reduced budgetsmore efficiently.

Five goals were identified as a part of this review:

To ensure finite resources are devoted to the most important law enforcement priorities;

• To promote fairer enforcement of the laws and alleviate disparate impacts of the criminal justice system
• To ensure just punishments for low-level, nonviolent convictions
• To bolster prevention and reentry efforts to deter crime and reduce recidivism
• To strengthen protections for vulnerable populations

FIVE PRINCIPLES OF SMART ON CRIME

1. Prioritize Prosecutions to Focus on Most Serious Cases

2. Given scarce resources, federal law enforcement efforts should focus on the most serious cases that implicate clear, substantial federal interests. Currently, the Departments interests are:

Protecting Americans from national security threats

• Protecting Americans from violent crime
• Protecting Americans from financial fraud
• Protecting the most vulnerable members of society
• Based on these federal priorities, the Attorney General is, for the first time, requiring the development of district-specific guidelines for determining when federal prosecutions should be brought. This necessarily will mean focusing resources on fewer but the most significant cases, as opposed to fixating on the sheer volume of cases.

Reform Sentencing to Eliminate Unfair Disparities and Reduce Overburdened Prisons

3. The Attorney General announced a change in Department of Justice charging policies so that certain people who have committed low-level, nonviolent drug offenses, who have no ties to large-scale organizations, gangs, or cartels will no longer be charged with offenses that impose draconian mandatory minimum sentences.

• The Attorney General also announced revised criteria for other categories of inmates seeking reduced sentences. This includes elderly inmates and certain inmates who are the only possible caregiver for their dependents. In both cases, under the revised policy, the Bureau of Prisons would generally consider inmates who did not commit violent crimes and have served significant portions of their sentences to be released early.
• The Attorney General provided guidance to federal prosecutors on recidivist enhancements. According to this directive, prosecutors should consider several factors including the use of violence and ties to large-scale criminal organizations when determining if recidivist enhancements are appropriate. When possible, prosecutors should seek to charge the defendant with a drug quantity lower than the necessary to trigger the mandatory minimum.