Former US Attorney: Criminal Justice System Is Failing Louisiana
By Brett Tolman, Former United States Attorney for the District of Utah
As a former United States Attorney, appointed by President George W. Bush, I have tried some of the toughest cases a prosecutor can handle. During my time with the Department of Justice, I prosecuted hundreds of federal crimes, including violent felonies, drug trafficking and human trafficking. I put criminals in prison — some with decades-long sentences.
My years as a federal prosecutor taught me a very important lesson about our criminal justice system: It needs to be fixed.
The sad truth about law enforcement these days is that resources are finite. We need to constantly evaluate whether we spend man-hours effectively and efficiently so we can target the highest levels of criminal conduct. Unfortunately, our existing system is too often bogged down in the pursuit of low-level offenders who receive lengthy prison sentences that do not always match the severity of their crimes.
I had a front row seat as the system churned through relatively minor offenses and filled our prison system with people who still had a chance to be rehabilitated. That’s exactly why I believe Louisiana needs to tackle this problem at the state level right away. The Louisiana Senate has already passed SB 139, SB 220, and SB 221 — three bills that comprise a much-needed overhaul to the way Louisiana classifies and punishes criminals. The clock is ticking for the House of Representatives to follow suit. With the legislature set to adjourn for the year on June 8, the House needs to act fast.
Louisiana’s incarceration rate is twice as high as the national average. Since 2005, it has been the highest in the world. For the current fiscal year, the state is projected to spend $625 million on corrections alone. And even with that high cost, we’re not receiving the public safety return we deserve: one out of every three of those released from prison return to state custody within three years. This path is fiscally unsustainable and the state’s record-setting incarceration rate is the only evidence one needs to conclude that the current system is failing at reducing crime and making communities safer.
The state is unique in the way it currently classifies felonies, with 618 separate offenses, many of which carry their own separate penalties and regulations — causing a headache for judges, prosecutors, victim advocates, and defendants alike. Creating more consistent sentencing guidelines is an obvious and important way to regulate the way Louisiana treats offenders and ensures that they serve proper sentences for their crimes.
Louisiana also has the opportunity to join a bipartisan effort under way across the country to reevaluate and reform the way we treat criminals in order to place a greater focus on reducing and preventing crimes and rehabilitating offenders after they’ve served their time. That begins with changing the sentencing guidelines for low-level, non-violent offenders, who typically end up behind bars for minor drug offenses. By adopting the task force recommendation to make these offenders eligible for parole or even early release following good behavior, lawmakers can avoid sticking taxpayers with the bill for lengthy prison sentences and stop holding people in state custody past the point there is a public safety benefit. Perhaps more importantly, this reform means a long stay behind bars is not the first and only option for dealing with people who can still rehabilitate themselves with the proper programs.
Across the country, states are tackling the important task of reforming mandatory minimum requirements. In recent years, states like Minnesota, North Dakota, South Carolina, Georgia, Connecticut, Florida, Maine, Montana, New York, Oregon, and Virginia have all passed provisions that allow for a departure from mandatory minimum sentences. Overwhelmingly, these smart sentencing reforms save tax dollars and reduce the crime rate for applicable offenses. Louisiana should jump at the opportunity to join the growing list of states tackling this challenge head-on.
We have a rare opportunity to work across party lines to make our criminal justice system more efficient and more effective. In the process, we can make Louisiana safer by letting law enforcement and the court system focus more closely on those who pose a serious threat to the public. It would be a shame to let this moment pass.
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