Clause 40 Foundation

CLAUSE 40 FOUNDATION IS A NONPARTISAN ORGANIZATION WHOSE MISSION IS TO HONOR, PRESERVE, AND PROMOTE THE DUE PROCESS RIGHTS GUARANTEED IN THE U.S. CONSTITUTION THROUGH PUBLIC EDUCATION, EVENTS, RESEARCH, LITIGATION, AND MORE. IN THE AMERICAN CRIMINAL LEGAL SYSTEM, THESE CONSTITUTIONAL PRINCIPLES ENCOMPASS A NUMBER OF SPECIFIC ISSUES INCLUDING: THE RIGHT TO HAVE NOTICE OF THE NATION'S CRIMINAL LAWS; THE RIGHT TO PRESENT EVIDENCE; THE FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES; THE RIGHT TO A FAIR AND IMPARTIAL GRAND JURY; THE RIGHT TO A MEANINGFUL OPPORTUNITY TO BE HEARD BY AN UNBIASED TRIBUNAL IN A TIMELY MANNER; AND THE RIGHT TO BE REPRESENTED BY COUNSEL. CLAUSE 40 FOUNDATION HONORS, PRESERVES, AND PROMOTES THESE CORE CONSTITUTIONAL AMERICAN VALUES THROUGH ITS OWN EDUCATIONAL AND CHARITABLE ACTIVITIES, AS WELL AS THROUGH COLLABORATION ON PROJECTS WITH OTHER NONPROFITS, ACADEMIC INSTITUTIONS, AND INDIVIDUALS.

EVENTS - THROUGH PROGRAMS, SEMINARS, LECTURES, FILM SCREENINGS, BOOK EVENTS, AND CONTINUING LEGAL EDUCATION (CLE) EVENTS, THE FOUNDATION PROVIDES EDUCATION NATIONWIDE TO ACADEMICS, LAWYERS, ADVOCATES, JOURNALISTS, AND THE GENERAL PUBLIC AT LARGE WITH RESPECT TO A WIDE RANGE OF CRIMINAL LAW CONSTITUTIONAL DUE PROCESS CONCERNS. THE GOAL OF THESE EFFORTS IS TO CULTIVATE A BETTER PUBLIC KNOWLEDGE AND UNDERSTANDING OF THE PROCEDURAL DUE PROCESS RIGHTS PROTECTED BY THE U.S. CONSTITUTION AND TO IMPROVE AWARENESS OF WAYS IN WHICH OUR CRIMINAL LEGAL SYSTEM COULD IMPROVE PROCEDURAL FAIRNESS. KEY EVENTS IN 2021 EXECUTED BY CLAUSE 40 FOUNDATION INCLUDED AN EVENT IN SUPPORT OF PROFESSOR CARISSA BYRNE HESSICK'S BOOK "PUNISHMENT WITHOUT TRIAL: WHY PLEA BARGAINING IS A BAD DEAL AND AN 8-PART FILM SCREENING AND DISCUSSION SERIES COVERING EVERY MAJOR ASPECT OF CRIMINAL LEGAL SYSTEMS.

POLICY WORK - THROUGH CREATING AND FUNDING THE CREATION OF REPORTS, WHITE PAPERS, LEGAL BACKGROUNDERS, LONGER RESEARCH PUBLICATIONS, BLOGS, GUIDES, TREATISES, CASE STUDIES, OP-EDS, SOCIAL AND TRADITIONAL MEDIA AND COMMUNICATIONS, AND E-ALERTS, CLAUSE 40 FOUNDATION CREATES AND SUPPORTS ORIGINAL NONPARTISAN ANALYSIS, STUDY, RESEARCH, AND WRITING TO PROVIDE DATA AND EDUCATION TO THE PUBLIC PERTAINING TO DUE PROCESS-RELATED CRIMINAL LAW ISSUES IN ORDER TO PROMOTE THESE VALUABLE CONSTITUTIONAL RIGHTS. POLICY AREAS IN WHICH CLAUSE 40 FOUNDATION ENGAGED IN 2021 INCLUDE: INCREASING PROSECUTORIAL ACCOUNTABILITY; PRESERVATION AND RESTORATION OF CRIMINAL LAW PROCEDURAL DUE PROCESS RIGHTS; CURTAILING WARRANTLESS SURVEILLANCE; PROTECTING THE FOURTH AMENDMENT; IMPROVING POLICING; RETHINKING PAROLE AND PROBATION SYSTEMS; ENHANCING PUBLIC SAFETY; PROVIDING ACCOUNTABILITY AND RESTITUTION TO VICTIMS AND SURVIVORS OF CRIME; CURTAILING UNDULY LONG CRIMINAL SENTENCES; ADDRESSING JUVENILE JUSTICE FAILURES; EXPLORING CONCERNS RELATED TO A SYSTEM OF JUSTICE RELIANT ON PLEA BARGAINING WHERE CRIMINAL TRIALS ARE PRACTICALLY NONEXISTENT; EXPLORING ALTERNATIVES TO INCARCERATION; AND DOING ALL OF THIS EXPLORATION WITH AN EYE TOWARDS HOW EACH OF THESE SPECIFIC ISSUES IS EMBEDDED WITH RACIAL AND ECONOMIC INJUSTICES. CLAUSE 40 FOUNDATION ALSO MAINTAINS A LEGAL EXTERNSHIP PROGRAM IN ORDER TO ENCOURAGE THE DEVELOPMENT OF NEW LEGAL SCHOLARS AND LITIGATORS IN THIS SPACE.

LITIGATION - CLAUSE 40 FOUNDATION DIRECTS AND SUPPORTS EFFORTS TO PRESERVE PROCEDURAL DUE PROCESS RIGHTS THROUGH LITIGATION, PARTICULARLY THROUGH THE FILING OR FUNDING OF AMICUS OR "FRIEND OF THE COURT" LEGAL BRIEFS. THIS WORK FURTHERS CLAUSE 40 FOUNDATION'S CHARITABLE MISSION OF DEFENDING HUMAN AND CIVIL RIGHTS SECURED BY LAW--NAMELY THE PROCEDURAL DUE PROCESS RIGHTS ENSHRINED IN THE U.S. CONSTITUTION. THIS YEAR WAS THE FIRST IN WHICH THE FOUNDATION FILED AMICUS BRIEFS, AND IT FILED IN THREE SEPARATE MATTERS: A CASE IN WHICH WE ARGUED AGAINST STATE LICENSING SCHEMES THAT CATEGORICALLY BAR INDIVIDUALS WITH PRIOR CRIMINAL CONVICTIONS FROM HOLDING VARIOUS PROFESSIONS; A CASE IN WHICH WE ARGUED THAT REGULATORY STATUTES WITH NO SCIENTER REQUIREMENT AND CRIMINAL PENALTIES ENSNARE INNOCENT PEOPLE; AND A CASE IN WHICH WE ARGUED THAT PREDETERMINED SCHEDULED BAIL SCHEMES INFRINGE ON THE DUE PROCESS RIGHTS OF PRETRIAL DETAINEES.

HONORING DUE PROCESS RIGHTS - CLAUSE 40 FOUNDATION PLANS TO HONOR THE IMPORTANCE OF DUE PROCESS RIGHTS THROUGH PROJECTS SUCH AS THE AWARDING OF A "DUE PROCESS TORCH" TO INDIVIDUALS AND ORGANIZATIONS WHO HAVE CONTRIBUTED IN A MEANINGFUL WAY TO THE PRESERVATION OF DUE PROCESS IN THE U.S. CRIMINAL LEGAL SYSTEM. (THE AWARD WAS NOT AWARDED IN 2021 DUE TO COVID-19 EVENT CANCELLATIONS.)