Due Process Institute

Policy work - federal and state: Due Process Institute's policy staff works alone and in harmony with many diverse coalitions on bipartisan criminal legal issues to address key issues of importance to the Institute's mission, including supporting: criminal sentencing reform; criminal discovery reform; criminal grand jury reform; prison reform; criminal and civil asset forfeiture reform; the constitutional right to adequate and informed counsel; the right to a fair trial; prosecutorial and police accountability; increased pretrial procedural justice (including but not limited to issues such as plea bargaining); conspiracy law reform; parole and probation reform; forensic science integrity; mens rea reform; "second chance and "clean slate" initiatives; and a wide variety of fourth amendment guarantees. The policy staff also works to address the causes and harms of over-criminalization and over-incarceration, unwarranted expansions of government surveillance, unnecessary, vague, or overreaching criminal laws, as well as racial and economic injustice. Due Process Institute pursues these policy objectives through a variety of means including analysis and scholarship, advocacy, lobbying, public education events, and amicus brief filings. Due Process Institute's sixth year of operations saw it once again serve as a major contributor to criminal justice reform.1. Federal advocacy in 2023, for the sixth year in a row, Due Process Institute enjoyed successes in introducing and then advancing important pieces of bipartisan criminal reform legislation, despite the stifling political discord at the national level, including (but not limited to):--fair act of 2023 (h.r. 1524) introduced and passed by the judiciary committee of the house of representatives--prohibiting punishment of acquitted conduct act (h.r. 5430; s. 2788) was introduced and then passed by the judiciary committee of the house of representatives; also introduced in the senate--fourth amendment is not for sale act: h.r.4639 was introduced and then passed by the judiciary committee of the house of representatives; it was also introduced in the senate. Ultimately, an important element of the legislation (preventing the department of defense from purchasing data that would otherwise require a warrant, court order, or subpoena) was included in the house's ndaa (amendment #66).--protect liberty and end warrantless surveillance act (h.r. 6570) introduced and then passed by the judiciary committee of the house of representatives--government surveillance reform act (h.r. 6262; s. 3234) introduced in the house of representatives and the senate--begin again act (s. 2596; h.r. 4958) introduced in the house of representatives and the senate--equal act (h.r. 1062; s. 524) introduced in the house of representatives and the senate--federal prison oversight act (s. 1401; h.r. 3019) introduced in the house of representatives and the senate--safer supervision act (h.r. 5005; s. 2681) introduced in the house of representatives and the senate--smarter pretrial detention for drug charges act of 2023 (h.r. 4361; s.1056) introduced in the house of representatives and the senate--terry technical correction act (h.r. 50; s. 1247) introduced in the house of representatives and the senate--due Process continuity of care act (h.r. 3074; s. 971) introduced in the house of representatives and the senate-- reentry act of 2023 (h.r. 2400; s. 1165) introduced in the house of representatives and the senate--smart sentencing adjustments act (h.r. 2931; s. 1342) introduced in the house of representatives and the senate-- article one act (h.r. 3988; s. 1912) introduced in the house of representatives and the senate--fred korematsu congressional gold medal act of 2023 (h.r. 640; s. 137) introduced in the house of representatives and the senate--korematsu-takai civil liberties protection act of 2023 (h.r. 369; s.129) introduced in the house of representatives and the senate--quality defense act of 2023 (s. 850) introduced in the senate--sentencing commission improvements act (s. 851) introduced in the senate--clean slate act of 2023 (h.r. 2930) introduced in the house of representatives--fresh start act (h.r. 2983) introduced in the house of representatives--driving for opportunity act (s. 2313) introduced in the senate--snap second chance act (h.r. 1427) introduced in the house of representatives--government surveillance transparency act (h.r. 5331) introduced in the house of representatives--smarter sentencing act of 2023 (s. 1152) introduced in the senate--hope act (h.r. 2677) introduced in the house of representatives--test act (s. 1950) introduced in the senate--preventing overdoses with test strips act (h.r. 5801) introduced in the house of representativesthe organization's staff also significantly engaged in the following federal advocacy campaigns in 2023: preventing the further erosion of the fourth amendment and protecting digital privacy rights; opposing warrantless surveillance; opposing proposed budget cuts to the federal defenders supporting federal clemency reform; opposing attempts to end home confinement under the cares act; supporting presidential pardons; addressing the fentanyl crisis by supporting increased access to harm reduction services and substance use disorder treatment instead of the permanent class-wide scheduling of all fentanyl-related substances; preventing congress from creating additional unnecessary criminalization; working to effectuate changes to the criminal legal system that would end the "trial penalty; opposing congressional obstruction of implementation of dc's revised criminal code act; supporting access to dc council hearings for incarcerated residents; supporting federal criminal discovery law reform; supporting police demilitarization; supporting bop reforms; continuing to support the implementation of landmark legislation the organization helped pass at the end of 2018 (the first step act); and joining as a partner in second chance month, which raises awareness for the millions of americans with a criminal record who deserve a second chance (including supporting of multiple federal bills aimed at advancing second chances). Due Process Institute also participated in the united justice coalition summit in new york city as well as the council for state government's justice center's conference in charleston, sc.2. State advocacywhile Due Process Institute did not have the resources in 2023 to engage in significant bipartisan state education or advocacy efforts, its staff does work on various state campaigns in support of some of its major reform initiatives. Of note, Due Process Institute supported expanding the availability of release on bail in Georgia, and supported multiple criminal justice reform efforts in the district of columbia.3. Publications & speaking engagementsin its sixth year, Due Process Institute e-published position pieces on a variety of issues including second chance legislation and decreasing crime rates. Members of the organization's staff were quoted in major media outlets and were also invited to speak at various events regarding numerous criminal law and policy issues.4. In the courtsin its sixth year, Due Process Institute filed amicus briefs in cases involving: obstacles for habeas relief; application of the obstruction of justice statute; voter disenfranchisement for those with past criminal legal system involvement; prosecution of people with felony convictions who unwittingly registered to vote and voted while ineligible to do so; and interpretation of provisions of the first step act.

Cle programs: in addition to its policy work, Due Process Institute develops and executes continuing legal education (cle) events for attorneys. In 2023, Due Process Institute co-hosted "two views: an exploration of scotus's criminal law docket," a widely attended live cle event featuring two constitutional legal experts discussing the most important criminal law cases in front of the court.