Joe Biden on Criminal Justice Reform
Biden spearheaded the Comprehensive Control Act of 1984, which expanded federal drug trafficking penalties and civil asset forfeiture, without first proving a person is guilty of a crime.
Biden co-sponsored and co-authored the Anti-Drug Abuse Act of 198, which increased penalties for drug crimes, and most notably, created a large sentencing disparity between crack and powder cocaine.
Biden led the effort to pass the 1994 Violent Crime Control and Law Enforcement Act, which he in part authored. This law imposed harsher sentences and increased funding for prisons. States were able to receive funding for prisons if they passed “truth-in-sentencing” laws that required people convicted of crimes to serve at least 85% of their sentences. The law included the “Three Strikes” law, and provided federal funding for drug courts as part of diversion efforts. It also included other measures, such as the Violence Against Women Act that helped crack down on domestic violence and rape, a 10-year ban on assault weapons, funding for firearm background checks, and grant programs for local and state police. In 2016, after CNBC asked Biden if he was ashamed of the 1994 law, Biden responded, “Not at all. As a matter of fact, I drafted the bill, if you remember.” He acknowledged that there were parts of the law he’d change, but argued that “by and large what it really did, it restored American cities.”
Biden co-sponsored the Recidivism Reduction and Second Chance Act of 2007, which expanded services to offenders and their families for reentry into society.
Biden co-sponsored the Anti-Drug Abuse Act of 1988, which strengthened prison sentences for drug possession, enhanced penalties for transporting drugs, and established the Office of National Drug Control Policy.
Biden introduced the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007, which would have eliminated the sentencing disparity between crack and powder cocaine, eliminated the five-year mandatory minimum prison term for first-time possession of crack cocaine, directed the Attorney General to increase grant funding for drug treatment in correctional facilities, and increase monetary penalties for drug trafficking. This bill never went up for a vote.
Today, Biden supports the full elimination of the crack and powder cocaine sentencing disparity.
Biden’s criminal justice plan for his campaign includes decriminalizing marijuana, eliminating mandatory minimum sentences for nonviolent crimes, ending the death penalty, abolishing private prisons, eliminating cash bail, and discouraging the incarceration of children.
“Today, too many people are incarcerated in the United States — and too many of them are black and brown. To build safe and healthy communities, we need to rethink who we’re sending to jail, how we treat those in jail, and how we help them get the health care, education, jobs, and housing they need to successfully rejoin society after they serve their time.”
Joe Biden Sets Goal Of Housing 100% Of The Formerly Incarcerated
HuffingtonPost, July 23, 2019 | Maxwell Strachan
“It was a big mistake when it was made. We thought, we were told by the experts, that crack — you never go back; it was somehow fundamentally different. It’s not different, but it’s trapped an entire generation… [I] may not have always gotten things right.”
Biden: ‘I haven’t always been right’ on criminal justice
CNN, January 21, 2019 | Arlette Saenz
“I got stuck with, because I was chairman of the [Senate] Judiciary Committee, writing most of the drug legislation that occurred in [the 1980s and ’90s]… Big mistake was us buying into the idea that crack cocaine was different than powdered cocaine and having [different] penalties.” Speaking at the University of Pennsylvania on April 11, 2019 as part of a panel on the opioid crisis.
How Joe Biden’s Policies Made the Opioid Crisis Harder to Treat
Politico, May 23, 2019 | Zachary Siegel
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The Biden Plan for Strengthening America’s Commitment to Justice
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