In
a speech at the Brennan Center for Justice, Attorney General Eric
Holder announced today that the federal prison population has dropped by
roughly 4,800 inmates since September 2013. This represents the first
time the federal inmate population has fallen, rather than risen, over
the course of a fiscal year since 1980.
Moreover, Attorney General Holder announced that current Bureau of
Prisons estimates project this downward trend to continue in each of the
next two fiscal years. In FY15, the inmate population is projected to
drop by another 2,200 inmates. In FY16, the population is projected to
drop by 10,000 inmates - or the equivalent of six federal prisons.
“This is nothing less than historic,” said Attorney General Holder.
“Clearly, criminal justice reform is an idea whose time has come. And
thanks to a robust and growing national consensus – a consensus driven
not by political ideology, but by the promising work that’s underway –
we are bringing about a paradigm shift, and witnessing a historic sea
change, in the way our nation approaches these issues.”
While these statistics show progress at the federal level, there is
similar progress at the state level. Overall, incarceration rates have
fallen by roughly 10 percent since President Obama took office, and that
has occurred simultaneously with a similarly-sized reduction in crime
rates.
The Attorney General’s full remarks to the law enforcement conference, as prepared for delivery appear below:
Thank you, Jim [Johnson], for those kind words; for your friendship
over the many years we’ve known one another – since we served together
in the Clinton Administration; and for your leadership, along with Doug
Jones, as co-chair of the Brennan Center’s Blue Ribbon Panel.
I’d also like to thank the Brennan Center’s distinguished president,
my friend Michael Waldman, and your entire staff – particularly the
Justice Program – for bringing us together today. It’s an honor to take
part in this important conference. It’s a privilege to be at NYU Law
School for the second time in as many weeks. And it’s a great pleasure,
as always, to be back home in New York City.
For nearly two decades, the Brennan Center has provided indispensable
leadership on issues ranging from campaign finance and voting rights to
national security and equal justice. You’ve offered rigorous research
and expert guidance to policymakers at every level of government. And
with this conference – and the report you’re unveiling today – you’re
taking yet another step to advance our efforts to address some of our
nation’s most critical challenges – few of which are more complex, or
more urgent, than the need to strengthen America’s criminal justice
system and reduce our overreliance on incarceration.
As you know, we gather this afternoon just over a year after the
launch of the Justice Department’s Smart on Crime initiative – a series
of important changes and commonsense reforms I set in motion last
August. Already, these changes are fundamentally shifting our response
to certain crime challenges – particularly low-level, nonviolent drug
offenses. And this initiative is predicated on the notion that our work
as prosecutors must be informed, and our criminal justice system
continually improved, by the most effective and efficient strategies
available.
After all – as I’ve often said – the United States will never be able
to prosecute or incarcerate its way to becoming a safer nation. We
must never, and we will never, stop being vigilant against crime – and
the conditions and choices that breed it. But, for far too long – under
well-intentioned policies designed to be “tough” on criminals – our
system has perpetuated a destructive cycle of poverty, criminality, and
incarceration that has trapped countless people and weakened entire
communities – particularly communities of color.
In recent decades, the effects of these policies – and the impact of
the “truth-in-sentencing” mindset – have been dramatic. Although the
United States comprises just five percent of the world’s population, we
incarcerate almost a quarter of its prisoners. The entire United States
population has increased by about a third since 1980. But the federal
prison population has grown by almost 800 percent over the same period.
Spending on corrections, incarceration, and law enforcement has
exploded, consuming $260 billion per year nationwide. And the Bureau of
Prisons currently commands about a third of the Justice Department’s
overall budget.
Perhaps most troubling is the fact that this astonishing rise in
incarceration – and the escalating costs it has imposed on our country,
in terms both economic and human – have not
measurably benefited our society. We can
all
be proud of the progress that’s been made at reducing the crime rate
over the past two decades – thanks to the tireless work of prosecutors
and the bravery of law enforcement officials across America. But
statistics have shown – and all of us have seen – that high
incarceration rates and longer-than-necessary prison terms
have not played a significant role in materially improving public safety, reducing crime, or strengthening communities.
In fact, the opposite is often true. Two weeks ago, the
Washington Post
reported that new analysis of crime data and incarceration rates –
performed by the Pew Charitable Trusts, and covering the period of 1994
to 2012 – shows that states with the most significant drops in crime
also
saw reductions in their prison populations. States that took drastic
steps to reduce their prison populations – in many cases by percentages
well into the double digits –
saw crime go down as well. And
the one state – West Virginia – with the greatest increase in its
incarceration rate actually experienced an
uptick in crime.
As the
Post makes clear: “To the extent that there is any trend here, it’s actually that states incarcerating people have seen
smaller decreases in crime.” And this has been borne out at the national level, as well.
Since President Obama took office, both overall crime
and
overall incarceration have decreased by approximately 10 percent. This
is the first time these two critical markers have declined together
in more than 40 years.
And although we have a great deal of work to do – and although, last
year, some states continued to record growth in their prison populations
– this is a signal achievement.
We know that over-incarceration crushes opportunity. We know it
prevents people, and entire communities, from getting on the right
track. And we’ve seen that – as more and more government leaders have
gradually come to recognize – at a fundamental level, it challenges our
commitment to the cause of justice.
Fortunately, I can report today that we are
finally moving
in the right direction, at least at the federal level. Over the past
year, the federal prison population declined by roughly 4,800 inmates –
the first decrease we’ve seen in many decades.
Even more promising are new internal projections from the Bureau of
Prisons. In a dramatic reversal of prior reports – which showed that
the prison population would continue to grow, becoming more and more
costly, overcrowded, and unsafe – taking into account our new policies
and trends, our new projections anticipate that the number of federal
inmates will fall by just over 2,000 in the next 12 months – and by
almost 10,000 in the year after.
This is nothing less than historic. To put these numbers in
perspective, 10,000 inmates is the rough equivalent of the combined
populations of
six federal prisons, each filled to capacity.
Now, these projected decreases won’t result in any prison closures,
because our system is operating at about 30 percent above capacity. But
my hope is that we’re witnessing the start of a trend that will only
accelerate as our Smart on Crime changes take full effect.
Clearly, criminal justice reform is an idea whose time has come. And
thanks to a robust and growing national consensus – a consensus driven
not by political ideology, but by the promising work that’s underway,
and the efforts of leaders like Senators Patrick Leahy, Dick Durbin,
Mike Lee, and Rand Paul – we are bringing about a paradigm shift, and
witnessing a historic sea change, in the way our nation approaches these
issues.
Of course, for these changes to become permanent, we’ll need to rely
on the dedication – and the leadership – of federal prosecutors in
Washington and in all 94 of our United States Attorney’s Offices. As a
career prosecutor myself – and as former U.S. Attorney for the District
of Columbia – I have always had the utmost confidence in, and respect
for, these hardworking men and women. And that’s why, as Attorney
General, I’ve consistently advocated policies that push discretion out
into the field.
The Smart on Crime initiative is in many ways the ultimate expression
of my trust in the abilities – and the judgment – of our attorneys on
the front lines. And although some have suggested that recent changes
in charging and sentencing policies might somehow undermine their
ability to induce cooperation from defendants in certain cases, today, I
want to make it abundantly clear that nothing could be further from the
truth.
As I know from experience – and as
all veteran prosecutors
and defense attorneys surely recognize – defendant cooperation depends
on the certainty of swift and fair punishment,
not on the
length of a mandatory minimum sentence. Like anyone old enough to
remember the era before sentencing guidelines existed and mandatory
minimums took full effect, I can testify to the fact that federal
guidelines attempted to systematize the kinds of negotiations that were
naturally taking place anyway. As our U.S. Attorney for the Western
District of Wisconsin, John Vaudreuil, often reminds his colleagues,
even without the threat of mandatory minimums, it remains in the
interests of
all attorneys to serve as sound advocates for
their clients – and for defendants to cooperate with the government in
exchange for reduced sentences.
Far from impeding the work of our prosecutors, the sentencing reforms
I’ve mandated have strengthened their discretion. The contention that
cooperation is somehow dependent on mandatory minimums is tied to a past
at tension with the empirical present, and is plainly inconsistent with
history, and with now known facts. After all, as the Heritage
Foundation observed earlier this year: “[t]he rate of cooperation in
cases involving mandatory minimums is comparable to the average rate in
all federal cases.”
Of course, as we refine our approach and reject the ineffective
practice of calling for stringent sentences against those convicted of
low-level, nonviolent crimes, we
also need to refine the
metrics we use to measure success; to evaluate the steps we’re taking;
and to assess the effectiveness of new criminal justice priorities. In
the Smart on Crime era, it’s no longer adequate – or appropriate – to
rely on outdated models that prize only enforcement, as quantified by
numbers of prosecutions, convictions, and lengthy sentences, rather than
taking a holistic view.
As the Brennan Center and many others have recognized – and as your landmark report on
Federal Prosecution for the 21st Century
makes crystal clear – it’s time to shift away from old metrics and
embrace a more contemporary, and more comprehensive, view of what
constitutes success. This means developing a new system of assessment –
because, as you’ve noted, what gets measured is what gets funded and
what gets funded is what gets done. That’s why I want to commend this
organization – and each of our Blue Ribbon Panelists, including some of
our very best sitting and former U.S. Attorneys – for examining new ways
for the Justice Department to leverage our resources to better serve
America’s communities.
Your concrete recommendations – that federal prosecutors should
prioritize reducing violence, incarceration, and recidivism – are
consistent with the aims of the Smart on Crime initiative. The new
metrics you propose – such as evaluating progress by assessing changes
in local violent crime rates, numbers of federal prisoners initially
found in particular districts, and changes in the three-year recidivism
rate – lay out a promising roadmap for us to consider. And my pledge to
you today is that my colleagues and I will not merely carefully study
this critical report – we will use it as a basis for discussion, and a
vital resource to draw upon, as we engage in a far-reaching process to
develop and codify new success measures – with the aim of cementing
recent shifts in law and policy.
One of the key points underscored by your report – and emphasized
under the Smart on Crime approach – is the need for the Justice
Department to direct funding to help move the criminal justice field
toward a fuller embrace of science and data. This is something that we –
and especially our Office of Justice Programs and Bureau of Justice
Assistance – have taken very seriously throughout the Obama
Administration. And nowhere are these ideals more fully embodied – or
more promisingly realized – than in our Justice Reinvestment Act and
Second Chance Act programs.
As we speak, the states that participate in Justice Reinvestment are
making fundamental policy reforms that aim to reduce unnecessary
confinement, save taxpayer dollars, and reinvest funding in strategies
proven to enhance community safety. A report issued in January
highlighted 17 states that are projected to save $4.6 billion over 10
years. Another study, in June, highlighted seven states that have
achieved substantial reductions in three-year recidivism rates. And
these successes are notable not only for their magnitude, but for the
political consensus that drove them.
Thanks to bipartisan support from Congress, funding for the Justice
Reinvestment Initiative has more than quadrupled this year. That, on
its own, is an extraordinary indication of the power and importance of
this work. And this additional funding is allowing us to launch a new
challenge grant program – designed to incentivize states to take the
next major step in their reform efforts.
Today, I am pleased to announce that five states – Delaware, Georgia,
Louisiana, Ohio, and Oregon – will be receiving these grants, which can
be used to expand pre-trial reforms, to scale up swift and certain
sanctions, to institute evidence-based parole practices, or a number of
other options. I am
also pleased to announce that five states
have been selected to receive new funding under the Second Chance Act to
help reduce recidivism. Georgia, Illinois, Iowa, Minnesota, and
Vermont will each be awarded $1 million to meet their recidivism
reduction goals. And each will be eligible for an additional $2 million
over the next two years if they do so.
In addition to these and other Second Chance awards, our Office of
Juvenile Justice and Delinquency Prevention is providing $7 million in
Second Chance Act funding to support reentry demonstration programs and
other important efforts at the juvenile level. A further $1.8 million
will support a new Juvenile Reentry Legal Assistance Program through our
partners at the Department of Housing and Urban Development. And we’ll
soon be launching a broader partnership with HUD – a partnership rooted
in the Pay for Success model championed by the Brennan Center – to
focus on finding permanent supportive housing for those returning from
incarceration.
The Justice Department has transferred $5 million to HUD for this
program, which will announce the competition in the coming months.
Together, these exciting efforts reaffirm our commitment to
strengthening America’s justice system at every level. They underscore
our determination to help people get back on the right path. But
they’re only the beginning – because, beyond our Smart on Crime reforms
and our emphasis on evidence-based practices, I believe the federal
government has an even broader and more critical role to play in
securing the fundamental promise of equal justice under law.
As we saw all too clearly last month – as the eyes of the nation
turned to events in Ferguson, Missouri – whenever discord, mistrust, and
roiling tensions fester just under the surface, interactions between
law enforcement and local residents can quickly escalate into
confrontation, unrest, and even violence. These tensions simmer every
day in far too many communities across the country. And it’s incumbent
upon
all of America’s law enforcement officers and leaders to
work with the communities they serve to defuse these charged situations
by forging close bonds, establishing deep trust, and fostering robust
engagement.
The situation in Ferguson has presented leaders across the nation,
and criminal justice and civil rights leaders in particular, with a
moment of decision – and a series of important questions that can no
longer be avoided. Will we allow this time –
our time – to be
defined by division and discord? Or will we summon the resolve, the
fortitude, and the vision to reassess – and even to remake – our system,
through cooperation, consensus, and compassion?
Will we again turn a blind eye to the hard truths that Ferguson
exposed, burying these tough realities until another tragedy arises to
set them off like a powder keg? Or will we finally accept this mandate
for open and honest dialogue, reach for new and innovative solutions,
and rise to the historic challenge – and the critical opportunity – now
right before us?
These questions are not rhetorical. And as we seek to address them,
we must take into account the preconceived notions that certain people
may bring to interactions with police – preconceptions that may be
informed by generations of experience; by the totality of what it has
meant to be a person of color in the United States. We must consider
corresponding notions that police may bring to interactions with certain
communities and individuals. And we must never lose sight of the
immense and unyielding difficulties inherent in the law enforcement
profession – from the training they receive to the risks these brave men
and women incur every time they put on their uniforms; from the dangers
they face, and the split-second decisions they often must make, to the
anguish of family members who awaken at night to the sound of a ringing
telephone – hoping for the best, but fearing tragic news about a loved
one out walking the beat.
As the brother of a retired law enforcement officer, I understand
well how challenging – and how thankless – their vital work can be. As
our nation’s Attorney General, I will
always be proud – and
steadfast – in my support for law enforcement personnel and their
families, who make tremendous and often unheralded sacrifices every
single day to keep us safe. And as an African-American man – who has
been stopped and searched by police in situations where such action was
not warranted – I also carry with me an understanding of the mistrust
that some citizens harbor for those who wear the badge.
So today, it’s time to ask ourselves – as a nation – are we conducting policing, in the 21
st
century, in a manner that is as effective, as efficient, as equitable,
and as just as is possible? It’s time to build on the outstanding
leadership that so many local police are providing – and the reform
efforts that are underway in St. Louis County and elsewhere – by making
this work a focused, national priority.
Just last week, the Justice Department launched a substantial effort
to do just that – by establishing a National Initiative for Building
Community Trust and Justice to promote credibility, to enhance
procedural justice, to reduce implicit bias, and to support racial
reconciliation. Separately, President Obama has directed federal
agencies to carefully review programs that may provide military
equipment, or funding for military equipment, to local police – a
process that remains ongoing. Through a range of other programs like
the President’s My Brother’s Keeper initiative – and the department’s
regular interactions with exemplary law enforcement executives across
the country – my colleagues and I are doing important work to resolve
tensions and promote mutual understanding; to bridge divides and spark
constructive dialogue; and to ensure – above all else – that
everyone who comes into contact with the police is treated fairly.
This is important, and in some cases life-changing, work. But I
believe we need to take these efforts even further. That’s why, under
the leadership of our COPS Office, the Justice Department is working
with major police associations to conduct a broad review of policing
tactics, techniques, and training – so we can help the field swiftly
confront emerging threats, better address persistent challenges, and
thoroughly examine the latest tools and technologies to enhance the
safety, and the effectiveness, of law enforcement. Going forward, I
will support not only continuing this timely review, but expanding it –
to consider the profession in a comprehensive way – and to provide
strong, national direction on a scale not seen since President Lyndon
Johnson’s Commission on Law Enforcement nearly half a century ago.
In this ongoing effort, and in so many others – as we seize this
important moment, renew our determination to combat crime, and accept
the historic opportunities now before us – my colleagues and I will
continue to look to the Brennan Center, and each of the leaders in this
audience, for guidance; for edification; and for frank and honest
advice. We will continue to rely on the experience, and the thoughtful
consideration, that you have brought to today’s discussion – and to
countless others over the past two decades. And we will always be both
proud and humbled to count you as partners, and as essential allies, in
the considerable work ahead.
I want to thank you all – once again – for your leadership, your
vision, and your unwavering commitment to the mission we share. I look
forward to building on this dialogue in the weeks and months to come.
And I am optimistic – despite the challenges we face, and the obstacles
we must confront – about where your efforts will take us, and all that
we will achieve – together – for the exceptional nation we all love.
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