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DANIEL CLANCY | CRIMINAL LAW
Criminal Justice Reform – The First Step Act
Engage in any political discus- sion these days, and the same conclusion seems inevitable:
we are living in a country divided. Our congressional leaders in both the house and senate, and their disdain for each other, is on full display each and every day. Attempting to distin- guish real news from fake news is a particularly daunting task.
Well, here’s some real news that might restore one’s faith in our two- party system. In 2018, members of congress from both sides of the aisle came together and passed legislation reforming the federal criminal justice system. e First Step Act was signed into law by President Trump on De- cember 21, 2018.
Our country has been in “criminal justice reform” mode for the last few years. However, the Smarter Sentenc- ing Act of 2013, and the Sentencing Reform and Corrections Act, intro- duced in 2015, both stalled. When President Trump won his election in 2016, political leaders on both sides, feared once again, criminal justice re- form would-be put-on hold. e con- cern for proponents of reform was put to rest when the First Step Act became law.
e highlights of the new legisla- tion include the following:
Mandatory minimum sentences are eased by expanding the current “safe- ty valve” used by federal judges;
Automatic life sentences for defen- dants with three or more convictions, the “three strikes” rule, is reduced to
25 years.
Stacking gun charges, a current
practice which o en times increases prison sentences signi cantly, is re- stricted under the First Step Act; In- mates who behave properly, avoiding prison disciplinary sanctions, can earn up to 54 days a year in “good time” credit. is change in the law o ers an additional week of credit over the previous 47-day cap and is retroactive. It’s estimated that approx- imately 4,000 prisoners may bene t soon from this change and will receive early release; Inmates who participate in vocational and rehabilitative pro- grams will accrue additional “good time” credit. is is another measure aimed at reducing our federal prison population, by o ering an incentive for early release.
In an attempt to, improve prison conditions, the First Step Act bans the shackling of women during childbirth and requires that inmates be housed closer to their family. In addition, in- mates who are terminally ill will be considered on a larger scale for early release.
e Leadership Conference on Civ- il and Human Rights, joined by over 100 various organizations, including the NAACP and e National Bar Association, voiced opposition to the act. In a letter written to senate and house representatives prior to the passage of the new law, e Leader- ship Conference on Civil and Human Rights, promoted a “No” vote on the legislation.
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e opposition was premised on the fact that the Bureau of Prisons (BOP) already has the ability to implement the changes instituted through the First Step Act through its administra- tive authority. Opponents expressed concern that the bill fell short on it’s promise to “meaningfully” tackle the inherent problems that currently ex- ist within our federal criminal justice system. Speci cally, attention was di- rected at racial disparities in prison population and sentencing, manda- tory minimum sentences, prison overcrowding, lack of rehabilitation, and cost.
Division in the United States o en calls in to question whether or not we are truly a country united. Republi- cans and Democrats seen daily, ght- ing over political ideals, helps promote the image. Rational compromise leads to progress, and the First Step Act is a good example of bipartisanship work- ing for the betterment of all. While impossible for political leadership to propose government improvements without some dissention, healthy de- bate leads to just results.
e First Step Act, as its name im- plies, is the “ rst step” in criminal jus- tice reform within our federal govern- ment. Additional improvements can be made, and no doubt, will be made, as bipartisan ef-
forts are pursued on behalf of all of us. Its just one step at a time.
Daniel Clancy, a criminal defense attorney in North Texas, maintains a practice focused on federal criminal offenses, as well as, felony and misdemeanor state offenses. In 2018, Mr. Clancy established The Clancy Law Group, a canna- bis business law rm. A native Texan, Danny holds licenses in Texas and in both the Northern and Eastern Districts. Having been a county prosecutor, and criminal district court judge, Mr. Clancy has seen the courtroom from every view possible and has tried or presided over hundreds of criminal cases. Please visit www.danielclancy.com, www. theclancylawgroup.com or call (214) 740-9955.
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