Justice For All - Feb 2015

On Monday, the Department of Justice (DOJ) put out a release outlining its intentions for and the status of the implementation of the First Step Act. Signed into law on December 21, 2018, the First Step Act is a comprehensive overhaul of the federal prison system, run by the Bureau of Prisons. Certainly, it is encouraging to see the department taking affirmative steps toward implementing the law.

On behalf of our activist community, I urge you to contact your representative and ask him or her to cosponsor the Fifth Amendment Integrity Restoration (FAIR) Act, H.R. 1895. Introduced by Rep. Tim Walberg (R-Mich.) and Jamie Raskin (D-Md.), the FAIR Act would reform federal civil asset forfeiture laws to increase the evidentiary standard needed to subject property to permanent seizure and restore the presumption of innocence in federal civil forfeiture proceedings.

As Congress reflects on its success in passing the First Step Act at the end of 2018, it must look toward ways to build on the existing momentum. The First Step Act was constructed to shift our justice system toward ensuring that we are incarcerating the right people for the right amount of time and that while people are incarcerated, our correctional system is using resources wisely to rehabilitate inmates. It makes steps toward reentry initiatives following incarceration by reauthorizing the Second Chance Act but leaves much still to be done in the space of breaking down barriers to reentry to allow rehabilitated inmates to be successful in society.

The Supreme Court issued an opinion on Wednesday that is a shot across the bow of defenders of civil asset forfeiture. In a unanimous judgment, the justices incorporated the Excessive Fines Clause of the Eighth Amendment to the states. The Court didn’t rule on the dubious constitutionality of civil asset forfeiture, leaving that issue for another day.