Former U.S. attorney tells how criminal justice could be more just

As a former U.S. attorney, I know that, at the heart of promoting public safety, is the fair administration of justice.

Laws that appear irrational and extreme, or deny opportunities for redemption, undermine communities’ trust in prosecutors and the police, ultimately making law enforcement’s job more difficult.

That’s why I support a comprehensive bipartisan sentencing reform package currently pending in the U.S. Senate and urge Sen. Jerry Moran to do the same.

Moran has already demonstrated that he values science over politics by cosponsoring the EQUAL Act, a critical and long overdue bill that will end the decades-long, racially-biased sentencing disparity between crack and powder cocaine.

I applaud the senator’s bold leadership, and I encourage him to continue steering our country toward fairness by cosponsoring this new legislative package, which is comprised of three crucial sentencing reform bills.

These three bills build upon the successful reforms of the First Step Act, which was passed with broad bipartisan support under President Trump. That’s why conservative organizations like Americans for Prosperity, civil rights organizations like the ACLU and law enforcement organizations like Law Enforcement Leaders to Reduce Crime & Incarceration support them.

The first of these bills, the First Step Implementation Act, is sponsored by Sen. Chuck Grassley, R-Iowa.

It seeks to correct an oversight in the original bill.

In passing the First Step Act in 2018, Congress affirmed that some mandatory minimums for drug offenses and “stacking” of charges were unjust and resulted in sentences that do not advance public safety.

But the First Step Act didn’t help people who had already been sentenced under those unfair provisions. The First Step Implementation Act would fix that and give more people sentenced under those provisions an opportunity to come home earlier, if they’ve earned it.

The bill would also allow courts to reduce sentences for people sentenced as minors, provided that they’ve served at least 20 years, aren’t a danger to anyone and the interests of justice warrant a sentence modification. We know that young people change and grow—many deserve a second chance.

This package also includes the Safer Detention Act, which would provide ill and elderly people in prison a vital path to release or home confinement and relieve the Bureau of Prisons from the onerous burden of providing medical care to people who pose no threat to society.

Right now, people convicted of federal offenses prior to 1987 aren’t eligible for compassionate release, despite being the oldest and sickest people in federal prisons and the ones most vulnerable to the ongoing threat of the COVID-19 pandemic. The Safer Detention Act would rectify that.

The final bill in this package is the Prohibiting Punishment for Acquitted Conduct Act.

If enacted, this bill would prohibit judges from considering information regarding acquitted acts during sentencing — an important protection against government overreach. It should go without saying that defendants should only be punished for conduct for which they have been found guilty.

These modest and sensible reforms would impact the lives of thousands of people in federal prisons who deserve a second chance.

Moran has been a champion of criminal justice reform with his sponsorship of the First Step Act and the EQUAL Act.

Now, joining Republicans and Democrats alike, he has the opportunity to demonstrate his dedication to justice once again.

I urge him to embrace this opportunity to make Kansas safer and fairer for everyone.

Barry Grissom served as the U.S. attorney for the District of Kansas from 2010 to 2016.

This story was originally published April 11, 2022 at 12:00 AM.