Wednesday, August 19, 2015

Texas Eradicates Juvenile Truancy as Crime

Should skipping school be a crime for juveniles and their parents? Texas has one of the largest #massincarceration populations in the US, (1063/100K), yet they are making some of the most progressive changes in criminal justice reform. 

http://www.texasobserver.org/texas-truancy-reform-goes-into-effect/

This is the first school year in 20 that Texas will not criminalize truancy. Also, all current truancy charges will be expunged from student's records. Instead, children will go through a "behavior Improvement plan", a much better option for all. 

In 2013 alone the state generated nearly 200,000 criminal cases against truant children and their parents. Can you imagine going to jail because your kid skipped class? (It happens!) --not to mention the burden on the court systems!! 

Saturday, July 18, 2015

Prosecutors Have Too Much Power in America

Prosecutorial powers are burgeoning in America, where prosecutors and judges have seen their powers exponentially rising over the last few decades — especially since the early 1980’s and the advent of the fictitious “Tough on Crime” campaign.

It’s become so imbalanced, that they’re almost monarchs within the courtroom with little fear of reprimand for any wrongdoing whatsoever. Prosecutors determine bail, the charge, the conviction (almost always via a coerced plea bargain), and the sentence.

 

The Rockefeller Drug Laws

Prosecutors gained a lot of power beginning with the Rockefeller Drug Laws, passed in 1973 in the state of New York, where Nelson Rockefeller was Governor.

He signed the bill into law on March 8, 1973.  These laws mandated harsh sentences for possession of drugs, and in some cases, mandatory minimum sentences.   Individuals caught selling 2 ounces of drugs (even marijuana) would receive a mandatory 15 years in prison.

This also resulted in the modern-day “650-Lifer Law”, which says that one convicted of selling over 650 grams (about 23 ounces) of cocaine or any hard opiate shall be sentenced to life without parole.  The impetus for the enacting of these laws can almost assuredly be traced back to Richard Nixon, who introduced the idea of “Tough on Crime” along with stiff drug sentencing.

Since Rockefeller had presidential aspirations, he viewed the enacting of these laws would boost his national public profile.

But the real boon for prosecutors came in the 1980’s, when Tough on Crime was finally stated in the Presidential State of the Union address, thus giving politicians a platform to run on.

 

The Comprehensive Crime Control Act of 1984

On October 12, 1984, Ronald Reagan signed the bipartisan-supported Comprehensive Crime Control Act of 1984 into law.  The bill was sponsored by Senator Strom Thurmond of South Carolina.  There were many things included in this bill that would have long-term consequences still in place today, including (but not limited to):
  • The Sentencing Reform Act
The Sentencing Reform Act would be included in this bill.  The Sentencing Reform Act called for the creation of the U.S. Sentencing Commission, and is regarded as the birth of the modern day sentencing guidelines, which restricts the discretion of judges, and hands even more power to the prosecutor’s office.
  • The U.S. Sentencing Commission
The U.S. Sentencing Commission held its first meeting on October 29, 1985. Its seven voting members, at least three of whom must be federal judges, serve six-year terms.  This commission is responsible for all federal sentencing guidelines, and “tougher on crime” amendments to existing laws.
  • The Bail Reform Act
The Bail Reform Act of 1984 would also be included in the bill, which rendered obsolete the Bail Reform Act of 1966 — as well as our 8th Amendment guarantee to a reasonable and affordable bail.

All of the provisions that came from the Comprehensive Crime Control Act, as well as vestigial effects from the Rockefeller Drug Laws are what led to America's prison epidemic.

We must enact legislation that severely limits the powers of the prosecutor, and that restores the checks and balances sorely lacking in America's criminal justice system.

President Obama Visits El Reno Correctional to Address Justice Reform

We send far too many people to prison. This is costing The Other 98% dearly, as lives are shattered and Americans, naive to our prison epidemic, fund the lavish lifestyles of those in the prison industrial complex.

https://nationalcdp.org/americas-prison-epidemic/

“When they describe their youth and their childhood, these are young people who made mistakes that aren’t that different than the mistakes I made and the mistakes that a lot of you guys made. The difference is they did not have the kinds of support structures, the second chances, the resources that would allow them to survive those mistakes.”

"Three whole-grown men in a 9-by-10 cell … overcrowding like that is something that has to be addressed.”

FULL video of President ‪#‎Obama‬ speech from Federal Correctional Institution - El Reno, OK, on Thursday, July 16, 2015.




#‎MassIncarceration‬ ‪#‎JusticeReform‬ ‪#‎PrisonReform‬

Wednesday, May 20, 2015

America's Plea Bargain Epidemic

The plea bargain epidemic in America has resulted in enormous upsurge in prosecutorial powers, has taken away much discretion from judges, and has rendered defense lawyers virtually helpless (and in many instances, feckless).

The founding fathers of America’s Constitution had a plan in mind.

They wanted to craft a legal system that would spare future generations from the tyranny that colonialists experienced under British rule.  They wanted a system of checks and balances; a system of fairness; a system where the accused may confront their accuser in a court of law with a fair arbiter of the court; a system where Americans wouldn’t be detained indefinitely.  Lastly, the framers of our Constitution wanted to ensure that no one entity or agency has too broad of an authoritarian power.

Today, in the year 2015, the founding fathers of America must be rolling in their graves.

Growing Prosecutorial Powers

In the post World War II era, and in particular, since the launch of the Tough on Crime campaign in 1980, prosecutors have seen their powers grow to a point where they are de facto monarchs of the courtroom.  As we at the NCDP have preached, prosecutors dictate the charge, and often dictate if bail will be administered and if so, for what amount.  Prosecutors have unfettered latitude over whether or not the accused will be convicted, and when convicted, how much time the defendant will serve.

In short, many plea bargains in America, today, are coerced plea bargains.  prosecutors have now become judge, jury, and executioner.  Judges can exercise little discretion these days, and if they dare use powers granted by the Constitution to exert their authority to provide (perceived) leniency for a defendant, the judge will be pilloried in the court of public opinion — which, in cases of state judges, means facing an outraged voting populace.

The Pervasiveness of Plea Bargains

The 6th Amendment guarantees that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.”

Additionally, the Constitution mandates that at the trial, the accused will have the assistance of defense counsel who has the right to confront and cross-examine his accusers and present evidence on the accused’s behalf.  The accused may only be convicted if an impartial jury of his peers is unanimously of the opinion that he is guilty beyond a reasonable doubt of the charges filed by the state, and states as much — publicly — in its verdict.

The drama ingrained in these guarantees is routinely portrayed in movies and television programs as a fierce, open battle played out in public before a jury presided over by an unbiased judge.  But this is all fantasy.  In practical reality, our criminal justice system is almost exclusively a system of plea bargaining, negotiated in secret behind closed doors and with no judicial oversight.  The outcome is almost exclusively determined by the prosecutor alone.


The Lead-Up to Plea Bargains

But it wasn’t always this way and isn’t in many countries.  Prior to the civil war, plea bargains were essentially non-existent.  Since the converging of cultures and a subsequent spike in violence, courts became burdened with too many criminal cases.  The plea bargain was an easy way to resolve the matter while saving valuable time and resources.  Nevertheless, few cases were resolved by the usage of a plea bargain.

Then Richard Nixon happened.

Richard Nixon launched the war on drugs, and badly wanted to pass Tough on Crime laws.  But Nixon ran his campaign on the Federalist platform, and had a duty to honor states’ rights.  It wasn’t until 1980 that “Tough on Crime” was first mentioned in the State of the Union address by new President Ronald Reagan.  Once politicians of all parties learned that this was a winning ticket, the plea bargain became a staple of the American criminal justice system.

Congress Becomes Involved

On October 12, 1984, Ronald Reagan would sign the bipartisan-supported Comprehensive Crime Control Act of 1984 into law.  The bill was sponsored by senator Strom Thurmond of South Carolina in 1983.  There were many things included in this bill that would have long-term consequences still in place today, including:
  • The Sentencing Reform Act
The Sentencing Reform Act would be included in this bill.  The Sentencing Reform Act called for the creation of the U.S. Sentencing Commission, and is regarded as the birth of the modern day sentencing guidelines, which restricts the discretion of judges, and hands even more power to the prosecutor’s office.
  • The U.S. Sentencing Commission
The U.S. Sentencing Commission held its first meeting on October 29, 1985. Its seven voting members, at least three of whom must be federal judges, serve six-year terms.  This commission is responsible for all federal sentencing guidelines, and “tougher on crime” amendments to existing laws.
  • The Bail Reform Act
The Bail Reform Act of 1984 would also be included in the bill, which rendered obsolete the Bail Reform Act of 1966 — as well as our 8th Amendment guarantee to a reasonable and affordable bail.

The Bail Reform Act of 1984 gave prosecutors wide latitude to detain defendants indefinitely without bail — precisely what the framers of our Bill of Rights did not want.  A prosecutor could simply make the claim to a judge that the defendant was a flight risk, or the defendant was a danger to society.

This is hypocritical in nature, as it can be argued that anybody charged with a crime can be perceived as a potential danger to society.  So, in effect, more powers, and broader powers were shifted to the prosecutor, where they could remand basically anybody they wanted to charge to the county jail, indefinitely.  This practice continues today.

The Birth of the Plea Bargain Epidemic

The sentencing guidelines set forth in the CCCA of 1984 paved the way for prosecutors to charge defendants with crimes that involved mandatory minimum sentences, or had severe sentencing guidelines.  Until this period, many defendants were still going to trial, costing the government time and money.  With the Tough on Crime campaign in full force by this time, however, there was no turning back.  Prosecutors needed to continue to charge people with crimes, and when they do, the charges needed to be as severe as possible.

What was the solution?  The solution became the modern-day plea bargain and along with it, an enormous increase in prosecutorial powers.

With a plea bargain, a prosecutor could charge a defendant with the most severe of crimes — even if the defendant’s alleged actions didn’t fit the definition or the nature of the crime.  The prosecutor could now effectively frighten the defendant with an extraordinary length of time in prison.  Or the defendant could acquiesce, agree to a plea bargain crafted primarily by the prosecutor and behind closed doors.  This way, the prosecutor could secure an easy conviction, remain Tough on Crime, and save the government the cost of going to trial.

But occasionally, the public — completely sold on the Tough on Crime phenomenon — would perceive a prosecutor as soft if the plea bargain seemed too lenient.  Prosecutors found a solution.  Simply ignore the burden of “likelihood of a conviction” necessary to charge, and charge the accused with the highest crime possible — even if it didn’t fit the nature of the alleged crime.
In fact, this became a federal mandate, and soon many states would adopt the same mandate.  This solved a few problems:
  • Prosecutors could now secure convictions quickly and expediently, allowing for them to stuff their dockets with more and more cases, as new “tough on crime” bills were passed into law, and they were able to charge more and more people with crimes.
  • Prosecutors, by overcharging, could now frighten the accused with a cruel and unusual sentence should they dare go to trial.  This gave the prosecutor the necessary capital to construct a plea bargain that the accused would accept, but a deal that would still be perceived as “tough on crime” by the voting populace.  Essentially, the defendant is coerced into agreeing to the plea bargain.
  • This took much discretion away from judges; while a judge can refuse a plea deal, it’s not something that’s routine.  What is routine, however, is a judge accepting a plea bargain under the presumption that it was negotiated in good faith by both the prosecutor and defense counsel.
  • This gave prosecutors enormous amounts of power, as prosecutors could now decide who to charge, what to charge them with, and what sentence to sentence them to.  Prosecutors, in all practical purposes, became (and to this day, are still) authoritarian dictators within the courtroom.

The Plea Bargain Epidemic Today

In 2013, almost 8 percent of all federal criminal charges were dismissed (either because of a mistake in fact or law or because the defendant had decided to cooperate and receive immunity).

According to a study by the National Center For Due Process, of cases that were not outright dismissed, 97.2% of federal cases were resolved through a plea bargain in 2014. Similarly, 95.5% of state cases were resolved through a plea bargain.

While this saves the state valuable time, money, and resources, the expense of this plea bargain epidemic is far too overlooked by the American public.


According to the National Registry of Exonerations, of the cases they found to be bogus, roughly 10% of those cases were resolved via a plea bargain.

Simply put, this means that the accused chose to were coerced into a plea bargain for a lesser sentence, lest they put their faith into the crapshoot known as the American trial, where anything can happen.  If a defendant dares roll the dice, the defendant may be convicted — even if innocent of the charges filed by the state — and once convicted, will be sentenced to a much greater term than originally entertained by the prosecutor’s plea bargain.

The American plea bargain epidemic is actually a coerced plea bargain epidemic.  Cases like Steven Castanedo are omnipresent.
And this is precisely what prosecutors want: complete authoritarian power, with their friendly and acquiescing judges having less power, defense attorneys have minimal influence, and the accused having absolutely no say in their own outcome.

Sunday, May 10, 2015

Life Sentences in America

The USA has over 160,000 prisoners serving life terms.  This means the United States has roughly 12 times as many lifers as any other country, and it's part of the reason why America houses an alarming one-quarter of the world's prisoners within its own borders.
See this comparative, interactive statistical map:

https://nationalcdp.org/life-sentences/ 

Life Sentences in America
#MassIncarceration

Friday, March 20, 2015

Conjugal Visits in America

Conjugal visits in America are rare. Very rare. The lack of conjugal visits punishes the loved ones of inmates, who have done nothing wrong.

They also promote rehabilitation, family ties, and reduce recidivism. In fact, only 4 states in America (California, Washington, New York, and Connecticut) grant the privilege of a conjugal visit, and the inmate must pass a rigorous series of tests in order to qualify — as does the visitor’s spouse and/or family member.



A conjugal visit is not merely to have sex, but rather to provide private time that a prisoner may spend with a spouse or, in California and New York, a registered domestic partner.

The idea behind such visitation is to allow inmates to have intimate contact with their spouses in an effort to promote rehabilitation, strengthen family ties, encourage good behavior and improvement, and reduce recidivism for those not serving life sentences.

Depending on the state’s extended family visitation program, a conjugal or extended family visit may last from as little as one hour (in Mississippi, prior to the state terminating them in 2014) to 48 hours (in Washington).

Learn more about conjugal visits, and why -- if they're proven to rehabilitate, promote good behavior, strengthen family ties, and reduce recidivism -- they're only allowed in 4 of America's 50 states.

https://nationalcdp.org/conjugal-visits/


A Message for Chenango County, NY, Prosecutor Joe McBride

A message for Chenango County (NY) Prosecutor Joe McBride.

You have stripped the citizens of Chenango County, NY, of their constitutional civil liberties. You have duped the men and women in uniform into believing it's their duty to protect and serve your office & your political interests rather than the people of Chenango.

You turned a car accident into a trumped-up, media-driven murder case, a small-town circus atmosphere, and put an innocent man, Peter Wlasiuk, in prison for 25 years to life.




You lied to the family and friends of Patty Wlasiuk, and then paraded yourself around the city of Norwich and beyond as a champion of justice while on the campaign trail. And you still lost.

You're no champion of justice, Mr. McBride . You're a white collar criminal who has no place in any public office -- anywhere.

You're being investigated, Mr. McBride, and you're being watched. It will not be long until Chenango County is handed down where it belongs: to the people of Chenango County.

It's time for the people of Chenango to bring justice to Patty and her family, Peter, his beloved daughters, and to all residents of Chenago County.

https://cases.nationalcdp.org/joe-mcbride/




Wednesday, February 18, 2015

Held Without Bail! Why?

Many defendants are held without bail these days.  You would think this is a violation of our nation’s 8th Amendment right to a reasonable, affordable bail, and you’d be absolutely correct.  This article will explain why judges hold inmates without bail, and how they skirt around the Constitution to do so.

Judges regularly cite their opinion that the inmate is a flight risk or a security risk so they can comport with the law.  But why?  What is the motivation behind holding an inmate indefinitely?
Remanding a defendant to the county jail basically secures a conviction. It’s darn near impossible to fight your case from a county jail, with little resources (once a week visit to an old-fashioned law library) and the harsh, confined, agitating, scary conditions.

Read more on why judges remand defendants to the county jail without bail.

Please Help Steven Castanedo NOW!


Steven Castanedo needs your direct help now more than ever!  First, you may want to review Steven Castanedo's entire case.

At this juncture, Steven only has one more shot; one more glimmer of hope.  Steven was denied post-conviction relief for ineffective assistance of counsel by Judge Roberts, his trial judge.

This is called a 3.850 motion and it was denied.  Steven’s only shot is to appeal the denial of the 3.850 motion.

We have researched up to FIVE (5) mitigating factors that were not brought up by Steven’s defense counsel, Kevin Shirley, at trial.

Under Florida statute 921.0026(2), there are mitigating factors that could be applicable in Steven’s case for an acute downward sentencing departure.



At the National Center For Due Process, it’s imperative that we continue to highlight fundamental flaws in our judicial system.

Your support for Steven is critical. We think we’ve assembled the perfect team for Steven, and we think we have a very good chance at succeeding.

Still, indeed. There’s a chance it may not save Steven’s life. But it may save your child’s life. It may save your grandchild’s life. It may save the life of someone you know and love.

We have a choice. We can continue to shove these types of cases and let these prosecutors and judges march on from election to election, telling Americans they’re “tough on crime” while slamming our children with disparate, unfair sentences … in Steven’s case, a de-facto life sentence.

Or we can fight. We’ve got a team together, and our efforts to stop these judges from using teenagers as political pawns start with Steven. Please contribute what you can to help Steven Castanedo regain his due process, and even if you are unable to contribute, please share this with as many people as you know.

Saturday, February 7, 2015

The Story of Joshua Swarz

Joshua Swarz was 19 years old when he was arrested for burglary in the state of Florida. Shockingly, he was sentenced to an obscene 15 years in the Florida Department of Corrections. Is this how America's criminal justice system treats teenagers? Below is a video, and as the NCDP has adopted Joshua's case, you'll learn of the abject improprieties in the case.




Full story: https://cases.nationalcdp.org/joshua-swarz/

Wednesday, January 7, 2015

The Story of Steven Castanedo

Steven's story is a compelling one. He was arrested in Florida for second degree murder at age 17.

His family spent tens of thousands for private attorneys who did little to nothing to help him. He was coerced to take a plea bargain that was no bargain at all.

There as no physical evidence, only the word of unreliable witnesses. He was sentenced to 35 years in prison with a 25 year minimum.



He was incarcerated as a teenager, and could reach 42 years old before he can experience freedom once again.

Steven prays and awaits a miracle from the man above.

But the NCDP doesn't wait for men above; please join our cause and help us help Steven!

Steven's full story:
https://cases.nationalcdp.org/steven-castanedo/

Tuesday, January 6, 2015

Claim Your National Center For Due Process Blog!

Why go to WordPress.com or Blogger?  If you're involved in due process and our judicial system, claim your own blog right on the website of the National Center For Due Process! 

There are different reasons you may want to obtain a blog on the NCDP website (for instance, your-law-firm.natonalcdp.org or an-inmate.nationalcdp.org.

There are also 2 methods on how to obtain a blog.  Both are speedy, and you can be up-and-running in just minutes. 

For details, see:
https://nationalcdp.org/get-a-blog/


Report Inustice to the National Center For Due Process!

Do you have a case involving injustice, whether it be prosecutorial or judicial misconduct, that you’d like the National Center For Due Process to look into?  Let us know! 

https://nationalcdp.org/report-injustice/


Private Prisons: Are They Really That Bad?

Private prisons house about 160,000 of America's 2.4 million prisons ... so that's about 6.7% of America's prisoners.

This means that the other 93.3% of our prisoners are housed in our government's federal and state prisons.

And yes, they really are that bad.  But state and federal-ran prisons aren't any better, and aren't much different at all.



So while many like to harp on private prisons, in this article, we demonstrate why private prisons aren't really "private" -- legally speaking -- and show you how public prisons aren't much different:
https://nationalcdp.org/private-prisons-public-prisons/



Truth-in-Sentencing: One Big Lie & a Dark, Dirty Secret

One of the dark, dirty secrets in America's judicial system is truth-in-sentencing.  Don't know what it is?  I said it was a secret




Truth in Sentencing statutes that have been enacted in 41 of our 50 states are decimating the economy, contributing to higher crime rates, and are basically one big fat lie.

Truth in Sentencing statutes have thousands of Americans locked up beyond their earliest release date -- and much of the time it has nothing to do with bad institutional behavior.

TIS is also costing you a lot more money than you'd believe!

Read more!
https://nationalcdp.org/truth-in-sentencing-one-big-lie/


Check out the National Center For Due Process Social Stream!

Don't feel like going to every one of the social media outlets of the National Center For Due Process?  No worries -- we got this

Simply go to our Social Media Stream to be updated on what we're saying in all of our social media outlets!

https://nationalcdp.org/ncdp-social-stream/

See what we're saying all around the world!


Introducing the NCDP Social Wall!

Who needs Facebook, Twitter, or Google+? 

Post on the National Center For Due Process Social Wall just like you do any other outlet -- however, on the NCDP website, you're talking to an audience you know is interested in the same things you are! 

Post messages, video, images, and more! 

https://nationalcdp.org/ncdp-social-wall/



Monday, January 5, 2015

The NCDP Legal Dictionary

Okay, even we at the National Center For Due Process can have some fun now and then.  Read the NCDP Legal Dictionary -- which includes legal terms as used in today's day and age, which vary greatly from what we learned in law school. 

https://nationalcdp.org/legal-dictionary/

Note: this is more satirical than it is informational.


The National Center For Due Process is a Nonprofit Legal Aid Organization Relying on Public Donations

The National Center For Due Process can only work with the support of the community.  The NCDP is a nonprofit legal aid organization that needs your help to accomplish our objectives.

Funds accrued are applied to the NCDP’s organizational structure and activities, administration activities, research expenses, and to fund our ongoing campaign to affect policy change.  See how you can contribute!
https://nationalcdp.org/donate/


National Center For Dur Process Mission Statement

The National Center For Due Process aims to affect policy change and to provide oversight, transparency, and accountability in the judicial branch of our government, while assisting adversely affected prisoners in their cases (including appeals) and continuing to research ways to improve our fundamentally-flawed judicial system.



The NCDP aims to affect policy change and to provide oversight, transparency, and accountability in the judicial branch of our government, while assisting adversely affected prisoners in their cases (including appeals) and continuing to research ways to improve our fundamentally-flawed judicial system. 

Read about our in-depth mission with more specifics:
https://nationalcdp.org/mission/


About the National Center For Due Process

The National Center For Due Process is a nonprofit legal aid organization dedicated to reform of our criminal justice system.

At the National Center For Due Process, we aim to influence policy change in Washington DC and throughout state capitals in an effort to restore our constitutional civil rights as well as due process, while providing prosecutors and judges and judges something they’re sorely lacking: accountability and oversight.

Read more about the NCDP:
https://nationalcdp.org/ncdp/


Interactive Death Penalty Map for all American States

In our Interactive DP Map, America stands out with good reason: we’re one of two industrialized democracies in the world (Japan) that hasn’t completely abolished premeditated state-sponsored murder. 

Click any state for more details on the NCDP interactive DP map:

https://nationalcdp.org/interactive-dp-map/


Capital Punishment is unconstitutional, and this article will explain why. In America, our 6th Amendment guarantees us the right to an impartial jury.

We also have an 8th Amendment protecting us from cruel and unusual punishment — which somehow, doesn’t include strapping a citizen to a table and murdering them.

https://nationalcdp.org/capital-punishment-unconstitutional/


Capital Punishment in America: A Geographical Breakdown

Capital punishment is alive in America -- the only nation in the western hemisphere still barbaric enough to murder its own citizens.

While we would all love to believe that America is the leader of the free world and a beacon of life, liberty, and the pursuit of happiness, we have become an angry culture of revenge.

Read more, and see which counties are the worst counties in America, sending citizens to the death chambers more than the rest.

https://nationalcdp.org/capital-punishment/

Death Penalty Facts & Alarming Graphic

Death penalty facts when comparing America to the developed world don’t paint a pretty picture. There are currently, as of the time of this writing in late 2014, 3070 inmates in 35 states awaiting their execution date.  Capital punishment is legal in 32 states at the time of this writing.

Read more, and see which counties are the worst counties in America, sending citizens to the death chambers more than the rest.

https://nationalcdp.org/death-penalty-facts/


The Media & Crime in America

It it bleeds, it leads.  Well, that's how the media's idiom goes.  The media and crime go hand-in-hand in America. The media has a vested interest in maintaining the tough-on-crime cycle of windfall profits.  Unfortunately, the media in America — especially cable news — is entirely ungoverned, and is protected through libel insurance.

https://nationalcdp.org/media-and-crime/

The media covering crime in America has no governing set of ethos; the lowest common denominator is the Society for Professional Journalists, and even their recommendations are largely ignored.




America is "Tough on Crime"

America elects politicians and judges -- the only nation of its kind. 

What these elected officials who boast about their “tough on crime” status are actually doing is making your life less safe, and depriving your children of the constitutional civil rights that America’s founding fathers clearly outlined when authoring our nation’s Constitution.

https://nationalcdp.org/tough-on-crime/

We need to end the tough-on-crime phenomenon that began in the early 1980's, forming a direct correlation with our rising incarceration rates.

Is this the best America can do?  Is this the America our forefather dreamed of?

America's 8th Amendment Disaster

Since the “tough on crime” campaign started to really reap political rewards in the early 1980’s, there has been an inverse correlation with our devolving civil rights and our rising population. 

As a result, our protection against cruel and unusual punishment as well as our right to an affordable bail have been two of the constitutional civil liberties tramped upon via the American prison lobby.

This is diametrically opposed to the ideas our forefathers had in mind when they set forth rules to protect future generations of Americans from the tyrannical justice system many American colonialists suffered from when under British rule.

https://nationalcdp.org/americas-8th-amendment-disaster/


160,000+ Americans Serving Life Sentences!

Life sentences in America are handed down nearly as frequently as traffic tickets. 



In fact, there are over 160,000 inmates in America serving life sentences -- with no hope of obtaining a parole at some point.  This number dwarfs any other nation in the world. View our interactive map on life sentences!

https://nationalcdp.org/life-sentences/


Justice and Capitalism do not mix.  Every westernized democracy in the world has figured this out except one country: America. In America, every election cycle is riddled with advertisements with politicians claiming they lock up more people than the other, and as a result, make you safer.

https://nationalcdp.org/justice-and-capitalism/


The American Prison Epidemic

America’s prison epidemic is out of control.  In recent years, prosecutors have successfully shifted the burden of proof from the State to the defendant, and our prison population since the 1980’s has exponentially soared since the advent of America’s “tough on crime” campaign.

https://nationalcdp.org/americas-prison-epidemic/

Jefferson Parish, Louisiana

Burgeoning Prosecutorial Powers in America

Prosecutorial powers are burgeoning in America, where prosecutors and judges have seen their powers exponentially rising over the last few decades — especially since the early 1980’s, and the advent of the tough-on-crime fictitious campaign.

https://nationalcdp.org/prosecutorial-powers/


Prosecutorial Misconduct: An American Epidemic

Why do prosecutors and judges get a free ride if they commit perjury in a court of law? Shouldn’t they be punished more so, being an officer of the court? How have prosecutors and judges created a “legal mafia” to protect each other? 

https://nationalcdp.org/prosecutorial-misconduct/


Welcome to the National Center For Due Process!

The National Center For Due Process is a nonprofit organization dedicated to policy change within our criminal justice system -- in Washington DC and throughout state capitals nationwide. 

We feel it's wrong that America has 4.4% of the world's population yet houses an alarming 25% of the world's prisoners. 

For more information, please visit https://nationalcdp.org