Category Archives: Studies

Murders Are Down Nationwide

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Illustration of an arrow spiking up then down, made up of yellow tape with "Crime Scene Do Not Cross" written across.

Illustration by Ben Kothe / The Atlantic

NPR reports that In 2024, murders fell by at least 14% across the U.S. City officials often point to policing as a key reason, and that can play an important role, but crime analysts say there’s more to it.

THE DATA

These conclusions come according to analyses by the data firm AH Datalytics and the Council on Criminal Justice. Official data from the FBI goes only through 2023, but shows similar drops. Early analyses from AH Datalytics suggest the drop will be even bigger in 2025. Crime analysts say the reasons behind these drops are complex and broad.

WHAT CONTRIBUTED TO THE DECREASE IN MURDER & HOMICIDE?

Researchers who study crime caution that no one thing causes violence to rise or fall. But crime analysts have zeroed in on what they say is a primary driver of the rise and subsequent decline: the COVID-19 Pandemic.

All of a sudden, there were a lot of young people — who are more likely to commit crimes than older people — at home, with little to do. And a vital support system was ripped away: public services. Between March and May of 2020, the country’s local government workforce shrank by nearly 10%.

Five years after the start of the pandemic, local government employment is finally back at pre-pandemic levels. Municipalities are also bringing in more money, and their spending has rebounded as well. That means many services are coming back — and with them, places where young people can find support.

“We’re spending money on stuff, and when stuff is nicer, people have places to go. It creates jobs. It creates environments where people are hanging out. It’s not the broken-windows concept of ‘we need to arrest people for graffiti,’ but it’s more like the kind of idealized version of broken windows that, ‘if we make things nice and people are around it, it provides a means of interrupting cycles of violence.” ~Jeff Asher, co-founder of AH Datalytics

In Detroit, Police Chief Bettison credits some of the murder decline there to changes in policing techniques and to higher officer staffing levels. But he also sees things more holistically.

“It is not one thing that drives violence. And so we are always consistently looking for the root causes,” he says.

Two years ago, the city invested $10 million in six community organizations. Each group was assigned a section of the city. Their goal was to reduce violence in that area using what is known as community violence intervention.

Negus Vu is the executive director of one of those groups, the Detroit People’s Community, which is also known as The People’s Action. The essential element to the group’s work, Vu says, is building relationships with young people who may be at risk of committing violence.

“You have outreach workers who have lived, shared experiences that are the ones who establish these relationships. And because these relationships are genuine and sincere, they’re able to refer them to get wraparound services such as substance abuse, job referrals, therapy. If you meet people’s needs, they’re less likely to turn to violence.” ~Negus Vu, Executive Director of the Detroit People’s Community.

Please contact my office if you, a friend or family member are charged with Homicide or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Incarceration Affects Mortality

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Incarcerated People Remain Vulnerable to the Worst Ravages of a Warming World | NOVA | PBS

Photo credit: Bob Jagendorf / Flickr (CC BY-NC 2.0)

The US has the highest incarceration rates in the developed world. A (rather grim) new study by JAMA Network Open shows that incarceration has long-term negative effects on health and mortality. People who were incarcerated in 2008 had a 39% higher risk of dying and more than three times the risk of dying from an overdose by 2019 than people who weren’t.

And the risk of incarceration doesn’t just affect the people inside. Researchers also found that county incarceration rates were associated with increased all-cause mortality risks for nonincarcerated residents.

THE STUDY’S DESIGN, SETTING & PARTICIPANTS

This cohort study used data from the Mortality Disparities in American Communities (MDAC) study, linking over 3 million 2008 American Community Survey (ACS) respondents to National Death Index data from the respondents’ 2008 interview date through December 31, 2019, or their date of death, and county incarceration data from the Vera Institute of Justice. The sample included US adults 18 years or older, representing individuals in group quarters such as prisons and jails but excluding those in counties lacking jail incarceration rate data. Data were analyzed from July 5, 2023, to November 10, 2024.

RESULTS

The study includes a total of 3 255 000 individuals (51.3% female), of whom 45 000 (0.93%) were incarcerated at the time of the 2008 ACS administration. The mean (SD) county jail incarceration rate was 372 (358) per 100 000 people. During the study period, 431 000 individuals (11.6%) died from any cause, and 5500 (0.2%) died from overdoses. Incarcerated individuals had a higher risk of all-cause mortality (hazard rate [HR], 1.39 [95% CI, 1.33-1.45]) and an increased risk of overdose mortality (HR, 3.08 [95% CI, 2.70-3.52]) compared with nonincarcerated individuals. A 10% increase in county jail incarceration rates was associated with 4.6 (95% CI, 3.8-5.5) additional all-cause deaths per 100 000 people.

CONCLUSIONS & RELEVANCE

The results showed how urgently improved health care during and after incarceration is needed. Furthermore, JAMA Network specifically pointed to community-based primary care as a potential solution:

“Individuals who were incarcerated faced significantly higher risks of death, particularly from overdoses, and elevated county incarceration rates exacerbated individual-level mortality risks. These findings suggest the need for reforms in criminal justice and public health policies to address these elevated risks and their widespread implications.” ~JAMA Network

Being jailed and/or imprisoned negatively impacts one’s health and mortality. Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Substance Use: Health Issue Or Crime?

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open pill bottle

New polling data from the Legal Action Center shows that more Americans than ever think substance use should be treated as a health issue, rather than a criminal justice issue. But many state and federal laws continue to criminalize substance use – more than half of states still treat drug possession as a felony.

THE POLL DATA

The Legal Action Center poll revealed that in 2024, 75% of Americans thought that substance use disorders (SUD) “should be treated more as a health problem than a criminal problem”, compared with 67% in 2019. The poll also showed rising support for increased spending and access for SUD treatment, including in jails and prisons.

ARE FEDERAL, STATE AND LOCAL DRUG POLICIES WORKING?

The Biden administration dramatically expanded access to naloxone, an overdose-reversal medication, including by making it available over the counter. Some jurisdictions, including Chicago, have made naloxone and fentanyl test strips free to the public. And several states decriminalized drug-checking equipment, including fentanyl test strips in 2023, but some still forbid drug checking.

Some State and local drug policies intended to increase SUD treatment access have been around for a long time, but local and federal governments often fail to provide sufficient funding and attention to make the most of those policies. Even outside of SUD treatment, there is a shortage of behavioral health workers in the US.

HOW DO DRUG CRIMES GET INVESTIGATED AND PROSECUTED?

Drug crimes and charges generally come out of a warrant, a search, a seizure, an informant, a plain view or a tip.  This means that the “how and why” a was searching and seizing something, or, why and how they were engaging an informant or tipster, will raise constitutional issues.  State and Federal Agents must act within Washington State and Federal law.

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Numerous affirmative defenses exist, including Unwitting Possession and Entrapment. In general, criminal drug cases can be guided towards a favorable resolution. Hiring an effective and competent defense attorney is the first and best step toward justice.

2024 Brings Massive Reduction in Drug Overdose Deaths

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Fewer US overdose deaths were reported last year, but experts are still cautious
Excellent article in NPR by news correspondent Brian Mann indicates 2024 is seeing a massive dropoff in drug overdose deaths. For the first time in decades, public health data from the CDC already shows an unprecedented decline in drug deaths of roughly 10.6 percent. That’s a huge reversal from recent years when fatal overdoses regularly increased by double-digit percentages.

“In the states that have the most rapid data collection systems, we’re seeing declines of twenty percent, thirty percent,” ~Dr. Nabarun Dasgupta, an expert on street drugs at the University of North Carolina.

According to Dasgupta’s analysis, the drop in state-level mortality numbers corresponds with similar steep declines in emergency room visits linked to overdoses. In many states, the sudden drop in drug deaths stunned some observers who lived through the darkest days of the fentanyl overdose crisis.

RAW DATA

  • Deaths in King County, Washington, linked to all drugs have dropped by 15 percent in the first half of 2024. Fatal overdoses caused by street fentanyl have dropped by 20 percent.
  • Overdose deaths in Ohio are down 31 percent. Ohio is now in the ninth consecutive month of a historic and unexpected drop in overdose deaths.
  • Overdose deaths in Missouri have now fallen roughly 34 percent in the second quarter of 2024.

DESPITE THE “GOOD NEWS,” DRUG OVERDOSE DEATHS PERSIST

After years of wrenching drug deaths that seemed all but unstoppable, some researchers, front-line addiction workers, members of law enforcement, and people using street drugs voiced caution about the apparent trend. Roughly 100,000 deaths are still occurring per year. Street drug cocktails including fentanyl, methamphetamines, xylazine and other synthetic chemicals are more poisonous than ever.

But most public health experts and some people living with addiction told NPR they believe catastrophic increases in drug deaths, which began in 2019, have ended, at least for now. Many said a widespread, meaningful shift appears underway.

WHAT INTERRUPTED THE DRUG OVERDOSE DEATH TREND?

  • Many people using fentanyl now carry naloxone, a medication that reverses most opioid overdoses.
  • Rapid improvements in the availability and affordability of medical treatments for fentanyl addiction.
  • More funding for addiction treatment and healthcare services, especially in Black and Native American communities where overdose deaths remain catastrophically high.
  • Fentanyl may be harder to find and less pure in some areas because of law enforcement efforts targeting Mexican drug cartels.
  • The chemical xylazine is also being mixed with fentanyl by drug gangs. While toxic in humans, causing lesions and other serious long-term health problems, xylazine may delay the onset of withdrawal symptoms in some users. Dasgupta said it’s possible that means people are taking fewer potentially lethal doses of fentanyl per day.
  • The end of the COVID pandemic, combined with the high number of people who have already died from drug overdoses.

My opinion? Quite often, drug addiction & homelessness go hand in hand. At times, drug use can temporarily provide a brief reprieve to the challenges of homelessness. For others, the mere stresses of life can make everyday, tax-paying citizens seek drugs and alcohol to self-medicate.

Many people don’t understand why or how other people become addicted to drugs. They may mistakenly think that those who use drugs lack moral principles or willpower and that they could stop their drug use simply by choosing to. In reality, drug addiction is a complex disease, and quitting usually takes more than good intentions or a strong will. Drugs change the brain in ways that make quitting hard, even for those who want to.

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Study: Bail Reform Does Not Increase Crime

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A new study found no significant relationship between bail reform and crime rates. The study debunks the notion that bail reform led to the mid-pandemic spike in violent crime. The report, published by the Brennan Center, analyzed monthly crime data from 2015 through 2022. It included 22 cities that adopted bail reform and 11 cities that did not. Researchers looked at all major offenses across jurisdictions and then at specific types of crime.

The study also examined the impact of reforms according to whether they were implemented through legislation, court order, or changes in prosecutorial policy. Finally, the study focuses on cities where research shows reforms had large effects on how and when bail was set.

BACKGROUND

More than a dozen jurisdictions across the country have curtailed the use of money bail over the past decade. But after violent crime rose sharply in the first year of the Covid-19 pandemic, many politicians, police leaders, and pundits were quick to blame bail reform. Claims that bail reform undermines public safety ultimately led to a series of rollbacks. This study tested those claims.

“Ultimately this report finds no statistically significant relationship between bail reform and crime rates. In other words, there is no reason to believe that bail reform has led to increased crime. This holds true even when focusing on major policy changes that have drawn public scrutiny, like those in New York and New Jersey.” ~Bail Reform & Public Policy Study

Even after testing different types of reform, researchers still found no evidence to support a connection between bail reform and the uptick in crime since the pandemic.

In 2020, homicides surged 29 percent for the biggest one-year jump in FBI records. While some pointed the finger at bail reform, some experts suggested the massive disruption of the pandemic, gun violence, worries about the economy and intense stress were to blame. Fortunately, violent crime has been decreasing since 2022. FBI statistics released in June showed violent crime dropped considerably in the first few months of this year.

My opinion? The study’s findings add to a growing body of literature showing that bail reform is an unlikely explanation for recent trends in crime, whether increases or decreases. And they suggest that policymakers’ recent focus on weakening bail reforms as a response to crime has been misguided — and a distraction from smarter and more promising ways to enhance public safety.

Please review my Making Bail legal guide and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Survey: Cannabis and Hallucinogen Use Remains At Historically High Levels

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weed-as-a-hallucinogent

Excellent article by CNN reporter Carma Hassan, says the use of cannabis and hallucinogens stayed at historically high levels among both younger and middle-age adults in the US in 2023. The data was released from a survey from Monitoring the Future, a study conducted by researchers at the University of Michigan since 1975 and funded by the National Institutes of Health.

THE NUMBERS

The survey showed that about 2 in 5 adults (42%) ages 19 to 30 reported using cannabis in the previous year. Nearly 10% of that group saying they used cannabis nearly every day. And for the first time, more women ages 19 to 30 reported cannabis use than men in the same age group. However, there was a higher prevalence of men using cannabis than women in the older age group. About 29% of midlife adults — people ages 35 to 50 — reported using cannabis at least once in the past year. Nearly 8% reporting using cannabis on a daily basis.

 “On average, a certain number of people in any group that’s a sizable portion are using marijuana on a daily or near-daily basis. And I think that bears watching, and those levels are at a historical high. Although they didn’t increase this year compared to the previous year, they’re still at quite high levels.” ~Dr. Wilson Compton, deputy director of the NIH’s National Institute on Drug Abuse.

CANNABIS VAPING

Cannabis vaping rose slightly among younger adults. Nearly 1 in 5 adults in that age group say they used it at least once in the past year. For midlife adults, about 9% of people in that group admitted vaping cannabis in the past year. Nicotine vaping also stayed high among both groups of adults, according to the report.

HALLUCINOGENS

The study discussed the use of hallucinogens – such as LSD, mescaline, peyote, PC and shrooms or psilocybin. In short, use of these drugs hovered around the same as in 2022, They landed at 9% for adults 19 to 30 (versus 8% the previous year) and 4% for adults 35 to 50 in 2023 and 2022.

“We have seen that people at different stages of adulthood are trending toward use of drugs like cannabis and psychedelics and away from tobacco cigarettes . . . These findings underscore the urgent need for rigorous research on the potential risks and benefits of cannabis and hallucinogens – especially as new products continue to emerge.” ~Dr. Nora Volkow, director of the National Institute on Drug Abuse.

ALCOHOL

The most-used substance among adults is still alcohol. Here, more than 4 in 5 younger adults (84%) reporting drinking in the past year. However, frequent drinking – either monthly, daily or binge drinking – all decreased in 2023 from the decade prior among 19- to 30-year-olds.

CIGARETTES, OPIOIDS & PRESCRIPTION DRUGS

The researchers also noted other decreases in drug use, reflecting a shift in habits. Cigarette smoking and use of opioid medications and prescription drugs for nonmedical reasons “maintained five- and 10-year declines” for both age groups.

n 2023, drug overdose deaths decreased for the first time since 2018, according to preliminary data from the US Centers for Disease Control and Prevention’s National Center for Health Statistics. About 107,500 people died from a drug overdose in 2023, the data showed, driven by fentanyl and synthetic opioids.

While only slight changes were observed compared with the previous year’s Monitoring the Future survey results, the researchers say the results still help inform the bigger picture — especially as the survey respondents age.

Please contact my office if you, a friend or family member are charged with a DUI, Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA Ranks Low In States With Road Rage

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A person driving.

A recent study from H&P Law ranks Washington among states with the least amount of road rage. The firm used data from The Trace and the NHTSA’s Fatality Analysis Reporting System to rank states by most common road rage incidents. Washingtonians can consider themselves lucky – the Evergreen State falls in the bottom ten for reported or documented road rage incidents.

THE REPORT

The report ranks all 50 states utilizing analysis of six key factors. Data points used include the number of firearm-related incidents, the percentage of crashes involving aggressive or careless driving, the number of accidents with fatalities, the total number of deaths from crashes involving aggressive or careless driving, the percentage of incidents involving aggressive or careless driving that resulted in a fatality, and speeding violations, at varying weights.

Washington ranks 44 of 50, making it one of the states with the fewest road rage incidents. Rhode Island was ranked the best. The study ranked the least road rage prone states in the bottom ten as: Iowa South Dakota, Wyoming, Washington, Massachusetts, New York, New Hampshire, Virginia, California, Rhode Island.

WHAT MADE WASHINGTON’S SCORE SO LOW?

The Evergreen State has a low rate of firearm-related road rage incidents, at 1.5 per 100,000 residents. Less than 28% of the state’s car crashes involve aggressive or careless driving, according to the study. Washington experiences 2.5 fatal crashes due to aggressive driving per 100,000 residents, and a low number of speeding violations compared to other states.

WHICH STATES HAVE MOST ROAD RAGE?

According to the report, the states with the most road rage are:

  • Louisiana
  • New Mexico
  • Montana
  • Arkansas
  • Colorado
  • North Carolina
  • Delaware
  • Florida
  • Wisconsin
  • Tennessee

At some point in every driver’s life, they’ll inevitably experience road rage. Whether it’s screaming vulgarities, the middle finger, tailgating or aggression, being on the receiving end of road rage is jarring, and potentially dangerous.

Please contact my office if you, a friend or family member are charged with Reckless Driving, Reckless Endangerment, Firearm Offenses or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

“Three Strikes, You’re Out” Report Shows Failures & Inequities

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Three Strikes and you’re out of the game in California

Photo courtesy of Isabella Roesler and Anna Silverman.

A report prepared by the Civil Rights Clinic at Seattle University School of Law and the Fred T. Korematsu Center for Law and Equality found scathing inequalities continue to exist in the criminal justice system. In Justice is Not a Game, they rely on data to demonstrate that Washington’s Three-Strikes Law fails to meet its penological goals. Consequently, this punishment is arbitrary and cruel.

WHY “THREE STRIKES, YOU’RE OUT” IS UNJUST

“Three Strikes, You’re Out” has at least five strikes against it: (1) it is overly retributive, punishing much more harshly than is justified, which makes it an immoral punishment; (2) it fails as a deterrent, making it ineffective as a policy choice; (3) it excessively over-incapacitates, imprisoning people far beyond when they would continue committing serious offenses; (4) it fails to allow for rehabilitation and redemption; and (5) it is applied in a racially disparate manner, making this punishment arbitrary and hence cruel.

Ample research demonstrating the first three points already exists. ThE report focuses on the latter two—the denial of redemption and the striking racial injustice. It also provides historical context of the POAA and explains in detail why repeal of the Persistent Offender Accountability Act (POAA) is a justifiable policy choice that would leave the rest of Washington’s Sentencing Reform Act (SRA) intact.

THE NUMBERS

According to the study, Black people are 18 times more likely than White people charged with three strikes crimes to be sentenced as persistent offenders. Also, Indigenous persons are sentenced to life without parole three times more often than White persons. In a state where only 4.6% of the population is Black, about 40% of those sentenced to life without parole are Black persons. There is no way this severe racial disproportionality can be justified.

One of the most prevalent areas imposing three-strike sentences is second-degree assault, the basis for 142 of the 270 three-strike sentences in Washington. Of those convicted of this crime, 33% are Black, and 5% are Indigenous. Compared to the state population, Black people are over-represented by a factor of 7, while Indigenous persons are over-represented by a factor of 2.5. Likewise, life without parole sentences for anticipatory offenses imposed on Black and Indigenous persons are also severely discriminatory, with 32% of them imposed on Black persons and 11% imposed on Indigenous persons.

Evidence indicates that none of the penological goals of incarceration are met when a court imposes a life without parole sentence. As those serving these sentences age, the sentences fail to meet the interests of justice as they can no longer be justified as retributive or to increase public safety. Instead, the sentences operate to incarcerate those who pose no danger to the community.

HOW CAN THIS STUDY BE USED?

If you have a three-strike case, you can use this study to argue that three-strike sentences are arbitrary and unconstitutional. The racial disparity inherent in the sentences makes them cruel and, as such, violates Washington’s Article I, Section 14’s ban on cruel or unusual punishment. Our Supreme Court has recognized that this type of detail is more than adequate to make a constitutional challenge. It is time for Courts to acknowledge the extreme arbitrariness of this law and strike it down.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA State Crime Report: Violent Crimes Down, Hate Crimes & Vehicle Thefts Up

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2023 Washington Annual Crime Report

Photo courtesy of WASPC

The annual Crime in Washington report detailing specific crime rates throughout the state in 2023 was released.  It found that as overall violent crimes went down, hate crimes and vehicle thefts went up.

The report is based on data that was sent to the Washington State Uniform Crime Reporting Program of the Washington Association of Sheriffs and Police Chiefs (WASPC) by 225 agencies across the state.

The report said that the rate of murders, violent and property crimes decreased slightly across the state. There were 376 murders in 2023 which was a 5.8% decrease from 2022. But last year’s number is an 87% increase from 2019. Violent crimes decreased about 5.5% and property crime also decreased by about 11.9%.

HATE CRIMES

The report detailed statistics that showed that hate crimes increased by 6%. The highest frequency of hate crimes based on demographics were race, religion, disability, gender/gender identity, and sexual orientation.

  • Race: Anti-Black/African American
  • Religion: Anti-Jewish
  • Disability: Anti-Mental Disability
  • Gender/Gender Identity: Anti-Transgender
  • Sexual Orientation: Anti-LGBTQ

“These are severe assaults. And we had 79 of those last year related to hate crime in the state of Washington. And that should be a number that should be very concerning to us and should point to the fact that we have to do even more to combat hate crime.” ~Steve Strachan, Executive director of WASPC.

VEHICLE THEFTS

Since 2019, the state has seen a 112% increase in vehicle thefts. Based on the report vehicle thefts increased by 5.4% over the last year. More than 20% of people who were arrested for vehicle theft were juveniles, which is a 24% increase from 2022.

“This is one that is not going down. We’ve seen substantial increases since 2019, and it went up again this year. A lot of issues related this. We’ve talked about the last few years— changes in use of force standards, changes in police staffing, changes in pursuit restrictions . . . Most of the vehicles that are stolen in our state are older vehicles. They’re vehicles belonging to people who can least afford being a victim of crime in terms of vehicle theft. And it can turn their life upside down. So, this is a really concerning number for all of us.” ~Steve Strachan, Executive director of WASPC.

LAW ENFORCEMENT STAFFING

The report also looked at the staffing numbers of officers across the state. The number of commissioned officers went up by 94 which brought the total to 10,760. The report said that Washington ranked 51st out of the 50 states and the District of Columbia for the number of officers per thousand residents.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

The “Second Look” Movement

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rear view of a silhouette man in window

Photo by Donald Tong on Pexels.com

A recent article in the Sentencing Project reports that numerous states have enacted “second look” judicial review policies to allow judges to review sentences after a person has served a lengthy prison sentence.

Titled, “The Second Look Movement: A Review of the Nation’s Sentence Review Laws,” the report provides a detailed analysis of second look legislation and court decisions in 12 states, the District of Columbia, and the federal government. It also delves into the implications of such laws on youth offenders and emerging adults, along with recommendations for enhancing their application.

“Research has clearly established that lengthy sentences do not have a significant deterrent effect on crime and divert resources from effective public safety programs. Nevertheless, existing parole systems, like executive clemency, are ineffective at curtailing excessive sentences in most states due to their highly discretionary nature, lack of due process and oversight, and lack of objective consideration standards,” ~Kara Gotsch, executive director of The Sentencing Project. 

Research has also established that lengthy sentences do not have a significant deterrent effect on crime and divert resources from effective public safety programs. Nevertheless, existing parole systems are ineffective at curtailing excessive sentences in most states due to their highly discretionary nature, lack of due process and oversight, and lack of objective consideration standards.

As a result, we’ve seen legislators consider and adopt second look legislation as a more effective means to reconsider an incarcerated person’s sentence in order to assess their fitness to reenter society. While much work remains, we’re thrilled to see this momentum across the country.

Key findings from the report highlight the provisions and recommendations necessary to ensure the effectiveness and fairness of second-look legislation. These include expanding eligibility criteria, implementing fully retroactive provisions, granting judicial discretion in sentence reduction, and providing timely and accessible review processes.

Among the states examined, six — Connecticut, Delaware, Maryland, Oregon, Florida, and North Dakota — and the District of Columbia allow courts to reconsider sentences under specified conditions, such as age at the time of the offense and duration of incarceration. Meanwhile, California, Colorado, and New York focus their reviews on specific populations, such as military veterans, habitual offenders, and domestic violence survivors, respectively.

In addition to California, four states – Illinois, Minnesota, Oregon, and Washington – have enacted prosecutor-initiated resentencing laws that allow prosecutors to request the court to reconsider a sentence.

Moreover, the report underscores provisions allowing for compassionate release for federal inmates based on extraordinary and compelling reasons, as well as for the elderly age alone for those incarcerated in the District of Columbia.

My opinion? Second look legislation is imperative to end mass incarceration, accelerate racial justice, and better invest in public safety.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.