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June
1, 2004
NBA
SUBMITS TESTIMONY ON CRIMINAL JUSTICE SYSTEM REFORMS
With
ABA Kennedy Commission on April 30, 2004
National
Bar Association President Clyde Bailey submitted a detailed
statement to the ABA Justice Kennedy Commission stating
the NBA's position on mandatory minimum sentences, sentencing
guidelines, and the disproportionate incarceration of African
Americans. Authored by the Honorable Arthur Burnett, Sr.
Judge, D.C. Superior Court, the statement maintains, among
other things, "that much of the great disproportionate representation
of African Americans in prison is due to socio-economic
factors reflecting racism and bias as well as the concentration
of law enforcement officers in such communities."
Further,
reform of criminal sanctions for drug law violations and
restoration of judicial discretion are presented in the
Statement as much fairer means to deal with a criminal justice
system that overemphasizes criminal sanctions for drug addicted
individuals who are not violent criminal offenders.
Moreover,
the National Bar Association's statement recommends a substantial
expansion of drug courts as an alternative to a regular
prison sentence. Drug courts are special courts given the
responsibility to handle cases involving non-violent substance
abusing offenders through comprehensive supervision, drug
testing, treatment services and immediate sanctions and
incentives.
In
congratulating Judge Burnett for such a thoughtful and thorough
analysis on behalf of the Association, President Bailey
indicated that the importance of this testimony is that
it represents the voice of the Black legal community on
the impact of failed criminal systems on the underserved,
largely black communities. President Bailey hopes that the
National Bar Association would have an opportunity to present
its testimony before the Commission during the month of
May.
The
National Bar Association, founded in 1925, is the nation's
oldest and largest association of attorneys of color, representing
a professional network of over 20,000 lawyers, judges, educators
and law students.
The
complete NBA Kennedy
Statement. (PDF)
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