Thank you, Bob Carlson, for those kind words – and for your
exemplary service as Chair of the American Bar Association’s House of
Delegates. It’s a pleasure to be with you this morning. And it’s a
privilege to join so many friends, colleagues, and leaders – including
U.S. Attorney for the Northern District of California Melinda Haag –
here in San Francisco for the ABA’s 2013 Annual Meeting.
I’d like to thank your Delegates for all that they’ve done to bring
us together this week – and for their dedication to serving as faithful
stewards of the greatest legal system the world has ever known. From
its earliest days, our Republic has been bound together by this system,
and by the values that define it. These values – equality, opportunity,
and justice under law – were first codified in the United States
Constitution. And they were renewed and reclaimed – nearly a century
later – by this organization’s earliest members.
With the founding of the ABA in 1878, America’s leading legal minds
came together – for the first time – to revolutionize their
profession. In the decades that followed, they created new standards
for training and professional conduct. And they established the law as a
clear and focused vocation at the heart of our country’s identity.
Throughout history, Americans of all backgrounds and walks of life
have turned to our legal system to settle disputes, but also to hold
accountable those who have done wrong – and even to answer fundamental
questions about who we are and who we aspire to be. On issues of
slavery and segregation; voting and violence; equal rights and equal
justice – generations of principled lawyers have engaged directly in the
work of building a more perfect Union. Today, under the leadership of
my good friend, President Laurel Bellows, this organization is fighting
against budget cuts that undermine the ability of our courts to
administer justice. You’re standing with me – and with my colleagues
across the Obama Administration – in calling for Congressional action on
common-sense measures to prevent and reduce gun violence. And you’re
advancing our global fight against the heinous crime of human
trafficking.
In so many ways, today’s ABA is reminding us that, although our
laws must be continually updated, our shared dedication to the cause of
justice – and the ideals set forth by our Constitution – must remain
constant. It is this sense of dedication that brings me to San
Francisco today – to enlist your partnership in forging a more just
society. To ask for your leadership in reclaiming, once more, the
values we hold dear. And to draw upon the ABA’s legacy of achievement
in calling on every member of our profession to question that which is
accepted truth; to challenge that which is unjust; to break free of a
tired status quo; and to take bold steps to reform and strengthen
America’s criminal justice system – in concrete and fundamental ways.
It’s time – in fact, it’s well past time – to address persistent
needs and unwarranted disparities by considering a fundamentally new
approach. As a prosecutor; a judge; an attorney in private practice;
and now, as our nation’s Attorney General, I’ve seen the criminal
justice system firsthand, from nearly every angle. While I have the
utmost faith in – and dedication to – America’s legal system, we must
face the reality that, as it stands, our system is in too many respects
broken. The course we are on is far from sustainable. And it is our
time – and our duty – to identify those areas we can improve in order to
better advance the cause of justice for all Americans.
Even as most crime rates decline, we need to examine new law
enforcement strategies – and better allocate resources – to keep pace
with today’s continuing threats as violence spikes in some of our
greatest cities. As studies show that six in ten American children are
exposed to violence at some point in their lives – and nearly one in
four college women experience some form of sexual assault by their
senior year – we need fresh solutions for assisting victims and
empowering survivors. As the so-called “war on drugs” enters its fifth
decade, we need to ask whether it, and the approaches that comprise it,
have been truly effective – and build on the Administration’s efforts,
led by the Office of National Drug Control Policy, to usher in a new
approach. And with an outsized, unnecessarily large prison population,
we need to ensure that incarceration is used to punish, deter, and
rehabilitate – not merely to warehouse and forget.
Today, a vicious cycle of poverty, criminality, and incarceration
traps too many Americans and weakens too many communities. And many
aspects of our criminal justice system may actually exacerbate these
problems, rather than alleviate them.
It’s clear – as we come together today – that too many Americans go
to too many prisons for far too long, and for no truly good law
enforcement reason. It’s clear, at a basic level, that 20th-century criminal justice solutions are not adequate to overcome our 21st-century
challenges. And it is well past time to implement common sense changes
that will foster safer communities from coast to coast.
These are issues the President and I have been talking about for as
long as I’ve known him – issues he’s felt strongly about ever since his
days as a community organizer on the South Side of Chicago. He’s
worked hard over the years to protect our communities, to keep violent
criminals off our streets, and to make sure those who break the law are
held accountable. And he’s also made it part of his mission to reduce
the disparities in our criminal justice system. In Illinois, he passed
legislation that addressed racial profiling and trained police
departments on how they could avoid racial bias. And in 2010, this
Administration successfully advocated for the reduction of the unjust
100-to-1 sentencing disparity between crack and powder cocaine.
That’s the balance the President and I have tried to strike –
because it’s important to safeguard our communities and stay true to our
values. And we’ve made progress. But as you heard the President say a
few weeks ago when he spoke about the Trayvon Martin case, he also
believes – as I do – that our work is far from finished.
That’s why, over the next several months, the President will
continue to reach out to Members of Congress from both parties – as well
as governors, mayors, and other leaders – to build on the great work
being done across the country to reduce violent crime and reform our
criminal justice system. We need to keep taking steps to make sure
people feel safe and secure in their homes and communities. And part of
that means doing something about the lives being harmed, not helped, by
a criminal justice system that doesn’t serve the American people as
well as it should.
At the beginning of this year, I launched a targeted Justice
Department review of the federal system – to identify obstacles,
inefficiencies, and inequities, and to address ineffective policies.
Today, I am pleased to announce the results of this review – which
include a series of significant actions that the Department has
undertaken to better protect the American people from crime; to increase
support for those who become victims; and to ensure public safety by
improving our criminal justice system as a whole. We have studied state
systems and been impressed by the policy shifts some have made. I hope
other state systems will follow our lead and implement changes as
well. The changes I announce today underscore this Administration’s
strong commitment to common sense criminal justice reform. And our
efforts must begin with law enforcement.
Particularly in these challenging times – when budgets are tight,
federal sequestration has imposed untenable and irresponsible cuts, and
leaders across government are being asked to do more with less –
coordination between America’s federal, state, local, and tribal law
enforcement agencies has never been more important. It’s imperative
that we maximize our resources by focusing on protecting national
security; combating violent crime; fighting against financial fraud; and
safeguarding the most vulnerable members of our society.
This means that federal prosecutors cannot – and should not – bring
every case or charge every defendant who stands accused of violating
federal law. Some issues are best handled at the state or local level.
And that’s why I have today directed the United States Attorney
community to develop specific, locally-tailored guidelines – consistent
with our national priorities – for determining when federal charges
should be filed, and when they should not.
I’ve also issued guidance to ensure that every case we bring serves
a substantial federal interest and complements the work of our law
enforcement partners. I have directed all U.S. Attorneys to create –
and to update – comprehensive anti-violence strategies for
badly-afflicted areas within their districts. And I’ve encouraged them
to convene regular law enforcement forums with state and local partners
to refine these plans, foster greater efficiency, and facilitate more
open communication and cooperation.
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
fairness – we in the federal government can become both smarter and
tougher on crime. By providing leadership to all levels of law
enforcement – and bringing intelligence-driven strategies to bear – we
can bolster the efforts of local leaders, U.S. Attorneys, and others in
the fight against violent crime.
Beyond this work, through the Community Oriented Policing Services –
or “COPS” – Office, the Justice Department is helping police
departments keep officers on the beat while enhancing training and
technical support. Over the last four years, we have allocated more
than $1.5 billion through the COPS Hiring Program to save or create over
8,000 jobs in local law enforcement. In the coming weeks, we will
announce a new round of COPS grants – totaling more than $110 million –
to support the hiring of military veterans and school resource officers
throughout the country.
In addition, through our landmark Defending Childhood Initiative
and the National Forum on Youth Violence Prevention, we’re rallying
federal leaders, state officials, private organizations, and community
groups to better understand, address, and prevent young people's
exposure to violence. We have assembled a new Task Force to respond to
the extreme levels of violence faced by far too many American Indian and
Alaska Native children. Next month, we will launch a national public
awareness campaign – and convene a Youth Violence Prevention Summit – to
call for comprehensive solutions. And, through the Department’s Civil
Rights Division and other components, we’ll continue to work with allies
– like the Department of Education and others throughout the federal
government and beyond – to confront the “school-to-prison pipeline” and
those zero-tolerance school discipline policies that do not promote
safety, and that transform too many educational institutions from
doorways of opportunity into gateways to the criminal justice system. A
minor school disciplinary offense should put a student in the
principal’s office and not a police precinct.
We’ll also continue offering resources and support to survivors of
sexual assault, domestic violence, and dating violence. Earlier this
summer, I announced a new Justice Department initiative – known as
Vision 21 – which offers an unprecedented snapshot of the current state
of victim services. It calls for sweeping, evidence-based changes to
bring these services into the 21st century, and to empower
all survivors by closing research gaps and developing new ways to reach
those who need our assistance the most.
This work shows tremendous promise. I’m hopeful that it will help
to bring assistance and healing to more and more crime victims across
the country. But it is only the beginning.
More broadly, through the Department’s Access to Justice
Initiative, the Civil Rights Division, and a range of grant programs,
this Administration is bringing stakeholders together – and providing
direct support – to address the inequalities that unfold every day in
America’s courtrooms, and to fulfill the Supreme Court’s historic
decision in Gideon v. Wainwright. Fifty years ago last March, this
landmark ruling affirmed that every defendant charged with a serious
crime has the right to an attorney, even if he or she cannot afford
one. Yet America’s indigent defense systems continue to exist in a
state of crisis, and the promise of Gideon is not being met. To address
this crisis, Congress must not only end the forced budget cuts that have
decimated public defenders nationwide – they must expand existing
indigent defense programs, provide access to counsel for more juvenile
defendants, and increase funding for federal public defender offices.
And every legal professional, every member of this audience, must answer
the ABA’s call to contribute to this cause through pro bono service –
and help realize the promise of equal justice for all.
As we come together this morning, this same promise must lead us
all to acknowledge that – although incarceration has a significant role
to play in our justice system – widespread incarceration at the federal,
state, and local levels is both ineffective and unsustainable. It
imposes a significant economic burden – totaling $80 billion in 2010
alone – and it comes with human and moral costs that are impossible to
calculate.
As a nation, we are coldly efficient in our incarceration efforts.
While the entire U.S. population has increased by about a third since
1980, the federal prison population has grown at an astonishing rate –
by almost 800 percent. It’s still growing – despite the fact that
federal prisons are operating at nearly 40 percent above capacity. Even
though this country comprises just 5 percent of the world’s population,
we incarcerate almost a quarter of the world’s prisoners. More than
219,000 federal inmates are currently behind bars. Almost half of them
are serving time for drug-related crimes, and many have substance use
disorders. Nine to 10 million more people cycle through America’s local
jails each year. And roughly 40 percent of former federal prisoners –
and more than 60 percent of former state prisoners – are rearrested or
have their supervision revoked within three years after their release,
at great cost to American taxpayers and often for technical or minor
violations of the terms of their release.
As a society, we pay much too high a price whenever our system
fails to deliver outcomes that deter and punish crime, keep us safe, and
ensure that those who have paid their debts have the chance to become
productive citizens. Right now, unwarranted disparities are far too
common. As President Obama said last month, it’s time to ask tough
questions about how we can strengthen our communities, support young
people, and address the fact that young black and Latino men are
disproportionately likely to become involved in our criminal justice
system – as victims as well as perpetrators.
We also must confront the reality that – once they’re in that
system – people of color often face harsher punishments than their
peers. One deeply troubling report, released in February, indicates
that – in recent years – black male offenders have received sentences
nearly 20 percent longer than those imposed on white males convicted of
similar crimes. This isn’t just unacceptable – it is shameful. It’s
unworthy of our great country, and our great legal tradition. And in
response, I have today directed a group of U.S. Attorneys to examine
sentencing disparities, and to develop recommendations on how we can
address them.
In this area and many others – in ways both large and small – we,
as a country, must resolve to do better. The President and I agree that
it’s time to take a pragmatic approach. And that’s why I am proud to
announce today that the Justice Department will take a series of
significant actions to recalibrate America’s federal criminal justice
system.
We will start by fundamentally rethinking the notion of mandatory
minimum sentences for drug-related crimes. Some statutes that mandate
inflexible sentences – regardless of the individual conduct at issue in a
particular case – reduce the discretion available to prosecutors,
judges, and juries. Because they oftentimes generate unfairly long
sentences, they breed disrespect for the system. When applied
indiscriminately, they do not serve public safety. They – and some of
the enforcement priorities we have set – have had a destabilizing effect
on particular communities, largely poor and of color. And, applied
inappropriately, they are ultimately counterproductive.
This is why I have today mandated a modification of the Justice
Department’s charging policies so that certain low-level, nonviolent
drug offenders who have no ties to large-scale organizations, gangs, or
cartels will no longer be charged with offenses that impose draconian
mandatory minimum sentences. They now will be charged with offenses for
which the accompanying sentences are better suited to their individual
conduct, rather than excessive prison terms more appropriate for violent
criminals or drug kingpins. By reserving the most severe penalties for
serious, high-level, or violent drug traffickers, we can better promote
public safety, deterrence, and rehabilitation – while making our
expenditures smarter and more productive. We’ve seen that this approach
has bipartisan support in Congress – where a number of leaders,
including Senators Dick Durbin, Patrick Leahy, Mike Lee, and Rand Paul
have introduced what I think is promising legislation aimed at giving
federal judges more discretion in applying mandatory minimums to certain
drug offenders. Such legislation will ultimately save our country
billions of dollars while keeping us safe. And the President and I look
forward to working with members of both parties to refine and advance
these proposals.
Secondly, the Department has now updated its framework for
considering compassionate release for inmates facing extraordinary or
compelling circumstances – and who pose no threat to the public. In
late April, the Bureau of Prisons expanded the criteria which will be
considered for inmates seeking compassionate release for medical
reasons. Today, I can announce additional expansions to our policy –
including revised criteria for elderly inmates who did not commit
violent crimes and who have served significant portions of their
sentences. Of course, as our primary responsibility, we must ensure
that the American public is protected from anyone who may pose a danger
to the community. But considering the applications of nonviolent
offenders – through a careful review process that ultimately allows
judges to consider whether release is warranted – is the fair thing to
do. And it is the smart thing to do as well, because it will enable us
to use our limited resources to house those who pose the greatest
threat.
Finally, my colleagues and I are taking steps to identify and share
best practices for enhancing the use of diversion programs – such as
drug treatment and community service initiatives – that can serve as
effective alternatives to incarceration.
Our U.S. Attorneys are leading the way in this regard – working
alongside the judiciary to meet safety imperatives while avoiding
incarceration in certain cases. In South Dakota, a joint federal-tribal
program has helped to prevent at-risk young people from getting
involved in the federal prison system – thereby improving lives, saving
taxpayer resources, and keeping communities safer. This is exactly the
kind of proven innovation that federal policymakers, and state and
tribal leaders, should emulate. And it’s why the Justice Department is
working – through a program called the Justice Reinvestment Initiative –
to bring state leaders, local stakeholders, private partners, and
federal officials together to comprehensively reform corrections and
criminal justice practices.
In recent years, no fewer than 17 states – supported by the
Department, and led by governors and legislators of both parties – have
directed funding away from prison construction and toward evidence-based
programs and services, like treatment and supervision, that are
designed to reduce recidivism. In Kentucky, for example, new
legislation has reserved prison beds for the most serious offenders and
re-focused resources on community supervision and evidence-based
alternative programs. As a result, the state is projected to reduce its
prison population by more than 3,000 over the next 10 years – saving
more than $400 million.
In Texas, investments in drug treatment for nonviolent offenders
and changes to parole policies brought about a reduction in the prison
population of more than 5,000 inmates last year alone. The same year,
similar efforts helped Arkansas reduce its prison population by more
than 1,400. From Georgia, North Carolina, and Ohio, to Pennsylvania,
Hawaii, and far beyond – reinvestment and serious reform are improving
public safety and saving precious resources. Let me be clear: these
measures have not compromised public safety. In fact, many states have
seen drops in recidivism rates at the same time their prison populations
were declining. The policy changes that have led to these welcome
results must be studied and emulated. While our federal prison system
has continued to slowly expand, significant state-level reductions have
led to three consecutive years of decline in America’s overall prison
population – including, in 2012, the largest drop ever experienced in a
single year.
Clearly, these strategies can work. They’ve attracted
overwhelming, bipartisan support in “red states” as well as “blue
states.” And it’s past time for others to take notice.
I am also announcing today that I have directed every U.S. Attorney
to designate a Prevention and Reentry Coordinator in his or her
district – to ensure that this work is, and will remain, a top priority
throughout the country. And my colleagues and I will keep working
closely with state leaders, agency partners, including members of the
Federal Interagency Reentry Council – and groups like the American Bar
Association – to extend these efforts.
In recent years, with the Department’s support, the ABA has
catalogued tens of thousands of statutes and regulations that impose
unwise and counterproductive collateral consequences – with regard to
housing or employment, for example – on people who have been convicted
of crimes. I have asked state attorneys general and a variety of
federal leaders to review their own agencies’ regulations. And today I
can announce that I’ve directed all Department of Justice components,
going forward, to consider whether any proposed regulation or guidance
may impose unnecessary collateral consequences on those seeking to
rejoin their communities.
The bottom line is that, while the aggressive enforcement of
federal criminal statutes remains necessary, we cannot simply prosecute
or incarcerate our way to becoming a safer nation. To be effective,
federal efforts must also focus on prevention and reentry. We must
never stop being tough on crime. But we must also be smart and
efficient when battling crime and the conditions and the individual
choices that breed it.
Ultimately, this is about much more than fairness for those who are
released from prison. It’s a matter of public safety and public good.
It makes plain economic sense. It’s about who we are as a people. And
it has the potential to positively impact the lives of every man,
woman, and child – in every neighborhood and city – in the United
States. After all, whenever a recidivist crime is committed, innocent
people are victimized. Communities are less safe. Burdens on law
enforcement are increased. And already-strained resources are depleted
even further.
Today – together – we must declare that we will no longer settle
for such an unjust and unsustainable status quo. To do so would be to
betray our history, our shared commitment to justice, and the founding
principles of our nation. Instead, we must recommit ourselves – as a
country – to tackling the most difficult questions, and the most costly
problems, no matter how complex or intractable they may appear. We must
pledge – as legal professionals – to lend our talents, our training,
and our diverse perspectives to advancing this critical work. And we
must resolve – as a people – to take a firm stand against violence;
against victimization; against inequality – and for justice.
This is our chance – to bring America’s criminal justice system in line with our most sacred values.
This is our opportunity – to define this time, our time, as one of progress and innovation.
This is our promise – to forge a more just society.
And this is our solemn obligation, as stewards of the law, and
servants of those whom it protects and empowers: to open a frank and
constructive dialogue about the need to reform a broken system. To
fight for the sweeping, systemic changes we need. And to uphold our
dearest values, as the ABA always has, by calling on our peers and
colleagues not merely to serve their clients, or win their cases – but
to ensure that – in every case, in every circumstance, and in every
community – justice is done.
This, after all, is the cause that has been our common pursuit for
more than two centuries, the ideal that has guided the ABA since its
inception, and the goal that will drive additional actions by President
Obama – and leaders throughout his Administration – in the months
ahead. Of course, we recognize – as you do – that the reforms I’ve
announced today, and others that we must consider, explore, and
implement in the coming years, will not take hold overnight. There will
be setbacks and false starts. We will encounter resistance and
opposition.
But if we keep faith in one another, and in the principles we’ve
always held dear; if we stay true to the ABA’s history as a driver of
positive change; and if we keep moving forward together – knowing that
the need for this work will outlast us, but determined to make the
difference that we seek – then I know we can all be confident in where
these efforts will lead us. I look forward to everything that we will
undoubtedly achieve. And I will always be proud to stand alongside you
in building the brighter, more just, and more prosperous future that all
of our citizens deserve.
Thank you.
"It is time to fundamentally rethink laws that permanently
disenfranchise people who are no longer under federal or state
supervision," Holder said, targeting 11 states that he said continue to
restrict voting rights for former inmates, even after they've finished
their prison terms.
