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Commission For Major Criminal Justice Overhaul Back On Track In Congress

Prison Overcrowding

First Posted: 10/17/11 08:36 PM ET Updated: 12/17/11 05:12 AM ET

WASHINGTON -- Sen. Jim Webb (D-Va.) on Monday afternoon offered his National Criminal Justice Commission Act as an amendment to a major appropriations bill now before the Senate. A standalone version of the NCJCA stalled in the Senate in 2010 despite bipartisan support in the House.

If created, the Commission would "undertake a comprehensive review of the criminal justice system, encompassing current Federal, State, local, and tribal criminal justice policies and practices, and make reform recommendations for the President, Congress, State, local, and tribal governments," according to the amendment. The last time Congress conducted such a review was in 1965.

Once established, the Commission would have $5 million and 18 months to put out a report on what can be done to fix -- if not entirely overhaul -- the American criminal justice system.

Speaking to HuffPost soon after he first proposed the NCJCA in 2009, Webb said, "I heard from Justice [Anthony] Kennedy of the Supreme Court, from prosecutors, judges, defense lawyers, former offenders, people in prison, and police on the street. All of them have told me that our system needs to be fixed, and that we need a holistic plan of how to solve it."

Indeed, Justice Kennedy did his part in May of this year when he delivered a 5-4 decision ordering California to release about 46,000 prisoners from the state's notoriously overcrowded prison population. Overall, the United States houses 25 percent of the world's prisoners despite only having 5 percent of the global population.

Webb has also shown skepticism toward the effectiveness of the "war on drugs," noting the 1200 percent increase in incarceration of drug offenders since its Reagan-era inception. In a 2009 radio interview, Webb called the prospect of marijuana legalization a "very legitimate question" for the Commission to consider.

The Commission, as proposed, would have 14 members selected by the president and congressional party leaders, with Democrats and Republicans ultimately picking seven members each. Although most of the members will come from private life, four must be state and local representatives.

The private commissioners "shall be individuals with distinguished reputations for integrity and non-partisanship who are nationally recognized for expertise, knowledge, or experience" in areas such as law enforcement, criminal justice, national security, prison and jail administration, public health, victims' rights and civil liberties.


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WASHINGTON -- Sen. Jim Webb (D-Va.) on Monday afternoon offered his National Criminal Justice Commission Act as an amendment to a major appropriations bill now before the Senate. A standalone version...
WASHINGTON -- Sen. Jim Webb (D-Va.) on Monday afternoon offered his National Criminal Justice Commission Act as an amendment to a major appropriations bill now before the Senate. A standalone version...
 
 
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HUFFPOST SUPER USER
DougDeWitt
progressive social-capitalist
06:12 PM on 10/20/2011
When marijuana is legalized at the federal level, and the remaining Scheduled "narcotics" are decriminalized as well, the incarceration rates in the US will plummet to less than 20% of current levels.

When the end of Prohibition in America signals the end of the War on Americans, thinly veiled as a War on Drugs, a new demographic will describe those who remain in our penal system. They will be serving sentences based on two essential factors... lack of economic opportunity, and psychological issues such emotional imbalance or mental illness. And neither is adequately addressed by putting people in jail.

As the new order of criminal justice faces us, and we are challenged to re-examine our goals and priorities in corrections theory, we will find there are only two appropriate sentences to be handed down, regardless of the crime committed...

Financial crimes, from petty theft at the local quick mart, through armed robbery, to multi-million-dollar white collar embezzlement and fraud, all warrant a mandatory sentence to go back to school. Convicts must complete sufficient education to ensure a lifetime of income sufficient to preclude repeat offending.

Crimes of hate, of passion, and of violence all warrant a mandatory sentence of in-patient psychiatric hospitalization, until such time as convicts are deemed no longer a danger to themselves or to others.

Incarceration will cease to exist, studied in history classes as slavery is today.
07:58 PM on 10/19/2011
We need this legislation. The prison crisis adversely affects every U.S. citizen. Our children's education and infrastructure repair money is stolden for criminal justice and incarceration practices that do not make us safer, but do reduce our quality of life.

FOLLOW THE MONEY.
Who profits from failed criminal justice and horrifically overcrowded prisons that are bankrupting states across the nation?

District attorneys and prosecutors promoted for winning cases and harsh sentences at any cost;

Tough-on-crime, fear-mongering politicians hoping for votes;

Prison employee unions;

For-profit-contract-bed-privatized-corporation prisons that profit not from reforming people, but when the recidivism rate goes up;

Parole department in California where everyone released is on parole;

Three strikes laws that send people to prison for 25+ years over petty crimes such as stealing a pizza;

The bail bond industry that benefits from unnecessary criminal justice practices that increase incarceration;

Rigged line-ups that get faulty convictions and promotions;

Increased incarceration due to requirement of checking prior-arrest/conviction boxes on employment, government, and rental applications for those who have been crime-free for years. It makes it harder to stay out of prison (BAN THE BOX);

Serving high calorie, high carb meals that increase health problems and pay to medical institutions.

Private companies that raise heck when prisons contract to do labor that increases prisoner self esteem and provides skills training;

The list goes on.....
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Marcus01
It all just seems like it's real
11:15 AM on 10/18/2011
This not a black-and-white situation. There are many, many gray areas that need to be addressed.

We have people who manipulated the markets and caused our economy to collapse, putting millions out of work, and their homes. It's unlikely that that they will ever be charged with a crime. That's clear corruption in the system.

Violent offenders serve less time than non-violent ones, and some commit more violent crimes upon release. No system will ever be perfect, but is there something we can do to minimize the possibility of that happening?

Why do we imprison peaceful, non-violent people to begin with? Doesn't that happen because someone doesn't approve of their lifestyle choices? Isn't this supposed to be a free country? Then why are we legislating against and imprisoning these people?

Why are we executing innocent people? How many on death row have been exonerated? How many have been executed when the evidence of their innocence has been overwhelming?

The system is clearly broken, and passing more laws with even harsher penalties is NOT going to fix it. Simplistic solutions like that are a continuation of the kind of thinking that created this mess, and will only make matters worse.
10:35 AM on 10/18/2011
Good lord - do they hold people like that in cages in court houses? (im assuming).

Too many people have made a living of an immoral criminal justice system.
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HUFFPOST COMMUNITY MODERATOR
Coinyer101
King of Doobiestan
10:05 AM on 10/18/2011
I would like to see this passed...., I doubt it will happen with this congress. They suck.
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Ghost of For Fathers
The entire legal system has become criminal
09:50 AM on 10/18/2011
The entire system is corrupt and broken.

Eliminate the fed and create a new legal system that is focused on justice and not taking every penny from the working people.
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HUFFPOST PUNDIT
supergenius02
09:07 AM on 10/18/2011
Just legalizing pot will go a long way to help. It strips gangs of their bread and butter income which would reduce their power and crime, would reduce the number of people incarcerated for non-violent possession or trafficking crimes, increase tax revenue when taxed, and reduce law enforcement man hours and surveillance costs tracking down and arresting pot growers and dealers.
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Marcus01
It all just seems like it's real
09:37 AM on 10/18/2011
How much money do the private prison operators, prison guard unions, pharmaceutical companies, breweries and distilleries shell out in campaign contributions each year? How much does NORMAL contribute?

That's why pot won't be legalized anytime soon...
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techBob
whatever happened to peace, love and understanding
10:07 AM on 10/18/2011
The lobby will probably end up putting more laws on the books to jail more innocent Americans in the name of for profit prisons.
10:15 AM on 10/18/2011
Not all breweries, but the "big" ones yes.
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HUFFPOST SUPER USER
rothomaha
The Truth will out
07:45 AM on 10/18/2011
Gee whiz! Does this mean all those crooked bankers and politicians will have to go to jail, now? Right! Fat chance!!! They'll be leaving their millions in ill-gotten gains to their descendants before the first sentence of this bill ever sees the light of day! What a travesty - feed the public as much crap as necessary to keep them pacified while we stuff dough in our pockets as fast as possible with both hands! And every time one of them ets caught with his/her hand in the cookie jar there are 20 more lined up to take that spot. Why not? The money comes from those dummies who elect us, and if there isn't enough to go around, we can always just increase their taxes to get more! Robespierre - where are you when we really need you?
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wa0cal
wa0cal
07:18 AM on 10/18/2011
It's about time that some one in Washington D.C. done something about the criminal justice system. The way it is now one party who commits murder gets a life sentence and another party commits murder and he gets the death penaliy. We need all of the judges to follow these guide lines and quit making their own interpretation of the law.
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Helzapoppin
Don't Piss Down My Back And Tell Me It's Raining.
08:33 AM on 10/18/2011
Actually interpreting the law is the definition of what judges are meant to do. It's when legislatures start creating mandatory terms that things get messy.
11:24 AM on 10/18/2011
Exactly!
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dayzee10
Get busy living or get busy dying! Damn right
06:17 AM on 10/18/2011
Thanks for the effort Sen Webb unfortunately the rest of the jackals in Congress will do what they always do.............NOTHING!
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ConnieInCleveland
One Lonely Voice trying to make a difference
05:00 AM on 10/18/2011
I'll believe it when I see it. It's been a long time since it was initially announced, with little or no progress. Talk is cheap.
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HUFFPOST PUNDIT
weebils
I like jalapenos and hot sauce
04:01 AM on 10/18/2011
Suckers. These are just politicians paid money  to get gang members and drug dealers out of jail. The real problem is that people committing serious crimes are not doing their full time. And the time they do in jail is spent watching cable , building muscles to beat people up, and using their cells phones or the internet to commit more crimes. Federalize all jails. Keep hardened and violent criminals and those with gang affiliations in separate prisons away from those in for lessor or non violent crimes. Reopen places like Alcatraz and put the so called tough guys there.  Block  any cell phone and internet signals to their prisons and no contact visits with anyone. I can guarantee you this so called committee will do none of the above and just advocate "community prisons" and "outreach programs". All scams that will enrich their buddies and let loose violent criminals. What a joke.
HUFFPOST SUPER USER
ShoreSage
06:38 AM on 10/18/2011
Maybe you would feel more at home in Damascus, Beijing or Moscow?
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HUFFPOST PUNDIT
weebils
I like jalapenos and hot sauce
09:47 AM on 10/18/2011
Let's see how comfortable you are  if they release criminals next door to you.
ruburnt
Live Free or Die....
08:41 AM on 10/18/2011
Reintroduce work camps, chain gangs...These folks need to be giving back to society and earning their own keep.
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HUFFPOST PUNDIT
weebils
I like jalapenos and hot sauce
09:46 AM on 10/18/2011
Agree completely.
03:08 AM on 10/18/2011
OK, but time will tell if this really goes anywhere.
They've been paying lip service to reform since 2003 with the "The Prison Rape Elimination Act of 2003 (PREA)".
AG Holder certainly doesn't take the matter very seriously...
http://www.washingtoncitypaper.com/blogs/sexist/2010/06/23/eric-holder-misses-deadline-for-implementing-prison-rape-standards/
http://www.prisontalk.com/forums/archive/index.php/t-533970.html
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02:39 AM on 10/18/2011
prosecutors, judges, defense lawyers, former offenders, people in prison, and police. That about covers it all. Since everyone agrees it is a major problem. I know what my congress will get hard to work on .
They will spend the next 365 introducing anti-abortion legislation and naming post offices.
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dayzee10
Get busy living or get busy dying! Damn right
06:19 AM on 10/18/2011
Wrong.....they'll be closing post offices
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HUFFPOST PUNDIT
weebils
I like jalapenos and hot sauce
02:26 AM on 10/18/2011
Yeah, let's keep releasing people who commit murder. Two stories this week alone involved people who did 10 years or less for committing murder. It seems the latest about the women chaining up disabled people is the worst.  She spent only eight years in prison for beating a man with a hammer, tying him up in a closet, and starving him to death. Now it is believed her crime spree on the disabled has crossed into many states. If they continue on this road of releasing these criminals then I am going to do something I never thought I would do. I will join the once liberal Charlton Heston in supporting the NRA. At least it will give people like me a fair chance.

I am not going to have them release these people and then tell me I can't arm and defend myself. In the meantime they sit behind gated communities with video surveillance and private armed security. I guess it will be back to the wild west times because I am definitely going to be armed  and ready to battle. I am not going to be a sitting duck for these criminals.
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HUFFPOST SUPER USER
Edward Standley
opinionated jerk
05:56 AM on 10/18/2011
No sane person wants convicted violent criminals released, but there are many people in prison who don't need to be there and are just a "commodity" for the public and private prison systems.
ruburnt
Live Free or Die....
08:46 AM on 10/18/2011
We had someone from my home town commit murder back in the 70's. He killed his father, mother and brother and only served 25 years....unbelievable.....http://www.dispatch.com/content/stories/local/2011/10/05/Man-who-killed-family-years-ago-arrested-in-Louisiana.html
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HUFFPOST PUNDIT
weebils
I like jalapenos and hot sauce
09:48 AM on 10/18/2011
A perfect example of what I am talking about.
HUFFPOST SUPER USER
GHY1
10:31 PM on 10/20/2011
How about all the ones in the news serving time then released because DNA showed they didn't do it. I think we should legalize all drus and let local governments decide if it is OK to sell + use them in town. People shouldn't be in jail for smoking dope