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Travelers, to speech in PDF format
Remarks at the Annual Meeting of the American Bar
Association's House of Delegates
San
Francisco - Monday, August 12, 2013
By Attorney General Eric Holder
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.
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