Supported by U.S. Deputy Attorney General Lisa Monaco (L) and Deputy Attorney General Vanita Gupta, Attorney General Merrick Garland convened a meeting of Justice Department chiefs at the Department of Justice on May 10. 3. Garland was prompted by an NPR story about compassionate release waivers to fix the problem.
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Supported by U.S. Deputy Attorney General Lisa Monaco (L) and Deputy Attorney General Vanita Gupta, Attorney General Merrick Garland convened a meeting of Justice Department chiefs at the Department of Justice on May 10. 3. Garland was prompted by an NPR story about compassionate release waivers to fix the problem.
KEVIN LAMARQUE / POOL / AFP via Getty Images
The Justice Department is directing prosecutors to stop restricting defendants’ ability to seek compassionate release in most federal plea agreements, after advocates criticized the practice as cruel. and go against the will of Congress.
DOJ officials issue a one-month order after an NPR story detailed the practice, which has limited people’s ability to seek parole because of serious illness or other unusual circumstances. That story caught the attention of Attorney General Merrick Garland Who says it sounds “wrong” this week? and promise to fix the problem.
In a new letter, members of the US Senate also expressed concern over the waivers, which they say have been used in Arizona, Indiana, Ohio, Oklahoma, South Carolina, Tennessee, Massachusetts , Maryland and Illinois.
“This is a particularly cruel practice because 97 percent of convictions are obtained through plea agreements,” a new letter from Senator Brian Schatz (D-Hawaii) and 15 other lawmakers said.
“In a justice system where pleas are highly encouraged and defendants often have no leverage against prosecutors, include provisions in plea agreements that require defendants to waive their right to plead guilty. requested a review of his sentence under the ‘extraordinary’ and persuaded the Senator to write.
Democratic U.S. Senator Brian Schatz speaks to reporters at the U.S. Capitol in Washington, DC on February 13, 2021. Schatz is part of a group of lawmakers who are considering the use of exemptions. except for parole in federal plea agreements.
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Democratic U.S. Senator Brian Schatz speaks to reporters at the U.S. Capitol in Washington, DC on February 13, 2021. Schatz is part of a group of lawmakers who are considering the use of exemptions. except for parole in federal plea agreements.
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Lawmakers want the Justice Department to share how many people have signed federal plea agreements that include those exemptions. For now, they’re relying on a few stories from people around the country.
A 65-year-old Arizona man has struggled for months to retract his plea after realizing it included limits to his ability to seek compassionate release. In another case, in northern California, US Senior Judge Charles Breyer called the limits “unconscionable” and “inhumane.”
The new directive, obtained by NPR and signed by Deputy Attorney General Lisa Monaco, states that the majority of US attorneys have not asked the defendants to waive their right to request their release. Still, she said, it’s important to make the change happen nationally as a matter of consistency and “in the interest of justice.”
“As a general matter, plea agreements should not require a broad waiver of the right to file a plea for parole,” Monaco wrote in a March 11 memo.
Monaco added that if the defendants have made a plea, prosecutors should “refuse to enforce immunity.”
The Justice Department memo said there are “selective circumstances” where prosecutors can still ask for a “much narrower” waiver, such as “particularly” terrorist and murder cases. exceptionally rare”.
Kevin Ring, president of prisoner advocacy group FAMM, which warned DOJ officials about the practice, said he was “virtually pleased” with the change.
“It would prevent federal prosecutors from requiring all guilty defendants to waive their right to compassionate release, even if they are terminally ill,” Ring notes. “That kind of coercion is grotesque and doesn’t improve public safety. We’re grateful the Department was quick to stop it.”
However, Ring said, he is concerned the memo authorizes prosecutors to negotiate a “narrower” waiver, which would require defendants to waive certain rights in cases where most most appellate courts now recognize as unusual or compelling. For example, judges released one person who needed to care for a dying parent, he said, and others into prison where medical care was deemed dangerous, he said. But they could have ended up in prison under a narrower exemption.
U.S. Attorney General Merrick Garland and U.S. Deputy Attorney General Lisa Monaco in Washington, DC, March 10, 2022. Monaco signed a memorandum of understanding ending the use of compassionate release waivers in agreements Admit.
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U.S. Attorney General Merrick Garland and U.S. Deputy Attorney General Lisa Monaco in Washington, DC, March 10, 2022. Monaco signed a memorandum of understanding ending the use of compassionate release waivers in agreements Admit.
KEVIN LAMARQUE / POOL / AFP via Getty Images
Compassionate release has become an important salvation for many people during the pandemic
The compassionate release program has become an important lifeline for those in prison during the coronavirus pandemic, even as petitions are still rarely granted.
Federal judges released a quarter of the 7,000 people who applied for release in fiscal year 2020. According to a new report from the United States Sentencing Commission. The commission said this was a twelve-fold increase from the previous year. The judges cited health concerns about COVID-19 in the majority of their release decisions.
The Federal Bureau of Prisons rarely approves inmate requests, so Congress made it easier to apply directly to a federal judge for compassionate release as part of the First Step Act. bipartisan in 2018.
Breyer, senior district judge and Acting Chairman of the Sentencing Commission, said the report was the result of an extensive research effort. And he again called on the Biden Administration to fill several vacancies on the panel, which was blocked from updating sentencing guidelines because of a lack of enough members to function.
Breyer added: “This report highlights why the Commission needs to regain its quorum to be able to address key policy issues in the criminal justice system, such as the release of workers. people”.
