Friend,

The second series of Democratic presidential debates are now complete. Tuesday night’s debate focused overwhelmingly on healthcare, while last night, criminal justice reform along with marijuana legalization were two of the central issues nominees discussed. Drug Policy Action is proud to have played a leading role in making these issues a focus of the 2020 election discourse. Drug Policy Action is the advocacy and political arm of the Drug Policy Alliance.

There was general consensus on stage that the current criminal justice system needs to be reformed. As Senator Corey Booker said, “there is a crisis in our country because we have treated issues of race and poverty, mental health and addiction, with locking people up and not lifting them up.”

There was less agreement on how to reform the criminal justice system. An exchange on the topic between Sen. Booker and Vice President Joe Biden was one of the most animated conversations of the night.

Vice President Biden has a checkered history of criminal justice reform. As the Senate Judiciary Committee chair, he was the top Democrat on these issues and he was a cheerleader for expanding the drug war and increasing incarceration.

His reform plan has an emphasis on drug courts as a means of diversion. Drug courts are increasingly seen as tools that keep individuals in the criminal justice system who should otherwise be treated through the public health system.

Sen. Booker was quick to criticize his plan for not going far enough and not acknowledging the damage done, especially to poor, black and brown communities, by his past support for excessively punitive sentences and use of tough on crime rhetoric.

The spat highlighted the need for bills like the Second Look Act, which Sen. Booker introduced last month and which Drug Policy Action supports. The Second Look Act builds on the First Step Act, which was signed into law last year. The bill addresses the historic unfairness of the criminal justice system, including mandatory minimums, by allowing any individual who has served at least 10 years in federal prison to petition a court for release.

The legislation would also create a rebuttable presumption of release for petitioners who are 50 years of age or older, shifting the burden to the government to demonstrate why the petitioner should remain behind bars. Recidivism rates are significantly lower for people released from prison who are 50 and older, yet the government spends almost $16 billion keeping almost 250,000 individuals aged 50 and above in prison.

It’s a bill that all candidates should support.

Sincerely,

Michael Collins
Director, Office of National Affairs
Drug Policy Action

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