Due Process Institute

THE MISSION OF DUE PROCESS INSTITUTE IS TO HONOR, PRESERVE, AND RESTORE DUE PROCESS RIGHTS IN OUR CRIMINAL LEGAL SYSTEMS GUARANTEED IN THE UNITED STATES CONSTITUTION BY ADVOCATING THE PRIMACY OF THESE RIGHTS AND VALUES IN A FREE SOCIETY.

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; FORENSIC INTEGRITY; MENS REA REFORM; 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. DESPITE THE ON-GOING PANDEMIC-RELATED CHALLENGES TO REGULAR BUSINESS PRACTICES, FORMS OF COMMUNICATIONS, AND "DOING BUSINESS" WITH LEGISLATIVE OFFICES, COURTS, AND ALLIES, DUE PROCESS INSTITUTE'S FOURTH YEAR OF OPERATIONS SAW IT ONCE AGAIN SERVE AS A MAJOR CONTRIBUTOR TO CRIMINAL JUSTICE REFORM.1. FEDERAL ADVOCACY IN 2021, FOR THE FOURTH 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:--EQUAL ACT (H.R. 1693) PASSED BY HOUSE OF REPRESENTATIVES (AND INTRODUCED IN THE SENATE AS S. 79)--SAFE BANKING ACT (H.R. 1996) PASSED BY HOUSE OF REPRESENTATIVES (AND INTRODUCED IN THE SENATE AS S. 910)--EFFECTIVE ASSISTANCE OF COUNSEL IN THE DIGITAL ERA ACT (H.R. 546) PASSED BY HOUSE OF REPRESENTATIVES--DRIVING FOR OPPORTUNITY ACT (S. 998 AND H.R. 2453) PASSED OUT OF BOTH THE SENATE AND HOUSE JUDICIARY COMMITTEES--PROHIBITING PUNISHMENT OF ACQUITTED CONDUCT ACT (H.R. 1621 AND S. 601), PASSED OUT OF BOTH THE HOUSE AND SENATE JUDICIARY COMMITTEES--KENNETH P. THOMPSON BEGIN AGAIN ACT (S. 2502) PASSED OUT OF THE SENATE JUDICIARY COMMITTEE (AND INTRODUCED IN THE HOUSE AS H.R. 1924)--FIRST STEP IMPLEMENTATION ACT (S. 1014) PASSED OUT OF THE SENATE JUDICIARY COMMITTEE (AND INTRODUCED IN THE HOUSE AS H.R. 3510)--COVID-19 SAFER DETENTION ACT (S. 312) PASSED OUT OF THE SENATE JUDICIARY COMMITTEE (AND INTRODUCED IN THE HOUSE AS H.R. 3669)--CLEAN SLATE ACT (H.R. 2864 AND S. 1380) INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE--TERRY TECHNICAL CORRECTION ACT (H.R. 5455 AND S. 2914) INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE--FOURTH AMENDMENT IS NOT FOR SALE ACT (H.R. 2738 AND S. 1265) INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE--SMARTER PRETRIAL DETENTION FOR DRUG CHARGES ACT (H.R. 5722 AND S. 309) INTRODUCED IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE--FAIR ACT (H.R. 2857) INTRODUCED IN THE HOUSE OF REPRESENTATIVES--SMARTER SENTENCING ACT (S. 1013) INTRODUCED IN THE SENATE--INSPECTOR GENERAL ACCESS ACT (S. 426) INTRODUCED IN THE SENATETHE ORGANIZATION'S STAFF ALSO SIGNIFICANTLY ENGAGED IN THE FOLLOWING FEDERAL ADVOCACY CAMPAIGNS IN 2021: PREVENTING THE FURTHER EROSION OF THE FOURTH AMENDMENT AND PROTECTING DIGITAL PRIVACY RIGHTS; OPPOSING WARRANTLESS SURVEILLANCE OF CONGRESSMEMBERS AND JOURNALISTS; SUPPORTING FEDERAL CLEMENCY REFORM; SUPPORTING EFFORTS TO PROTECT AMERICANS AGAINST UNFAIR CIVIL ASSET FORFEITURE PRACTICES THAT DEPRIVE CITIZENS OF THEIR PROPERTY WITHOUT PROPER LEGAL PROCESSES; PREVENTING CONGRESS FROM CREATING ADDITIONAL UNNECESSARY CRIMINALIZATION; WORKING TO EFFECTUATE CHANGES TO THE CRIMINAL LEGAL SYSTEM THAT WOULD END THE "TRIAL PENALTY; SUPPORTING FEDERAL CRIMINAL DISCOVERY LAW REFORM; SUPPORTING POLICE DEMILITARIZATION; SUPPORTING CARES ACT HOME CONFINEMENT; SUPPORTING DRUG OVERDOSE PREVENTION EFFORTS; SUPPORTING BOP REFORMS; SUPPORTING THE AMENDMENT OF THE FEDERAL RULES OF EVIDENCE TO ENSURE SCIENTIFIC INTEGRITY IN COURT PROCEEDINGS; 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 FOUR FEDERAL BILLS AIMED AT ADVANCING SECOND CHANCES). 2. STATE ADVOCACYWHILE DUE PROCESS INSTITUTE DID NOT HAVE THE RESOURCES IN 2021 TO ENGAGE IN SIGNIFICANT BIPARTISAN STATE EDUCATION OR ADVOCACY EFFORTS, ITS STAFF WORKED ON VARIOUS STATE CAMPAIGNS IN SUPPORT OF SOME OF ITS MAJOR REFORM INITIATIVES. OF NOTE, MULTIPLE BILLS DUE PROCESS INSTITUTE SUPPORTED PASSED INTO LAW INCLUDING BILLS IN OREGON AND COLORADO THAT ABOLISHED JUVENILE JUSTICE RELATED FINES AND FEES AND A LAW IN KENTUCKY THAT INCREASED THE FINANCIAL THRESHOLD FOR A THEFT TO BE CONSIDERED A FELONY.3. PUBLICATIONS & SPEAKING ENGAGEMENTSIN ITS FOURTH YEAR, DUE PROCESS INSTITUTE E-PUBLISHED POSITION PIECES ON A VARIETY OF ISSUES AND 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 FOURTH YEAR, DUE PROCESS INSTITUTE FILED AMICUS BRIEFS IN CASES INVOLVING: AEDPA; THE APPLICATION OF SENTENCING REFORMS UNDER THE RECENTLY PASSED FIRST STEP ACT; THE RULE OF LENITY AND ITS RELATIONSHIP TO CHEVRON DEFERENCE; THE CONSTITUTIONALITY OF EXCESSIVE FINES AND FEES; PROSECUTORIAL ACCOUNTABILITY (KNOWINGLY PRESENTING FALSE TESTIMONY AT TRIAL); GOVERNMENTAL/REGULATORY OVERREACH; THE IMPORTANCE OF MEANINGFUL MENS REA PROTECTIONS IN FEDERAL CRIMINAL LAW STATUTES; WARRANTLESS SURVEILLANCE OF AMERICAN CITIZENS; THE IMPORTANCE OF THE CONSTITUTIONAL RIGHT TO CROSS-EXAMINATION; THE CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL INCLUDING PARITY OF RESOURCES BETWEEN THE PROSECUTION AND THE DEFENSE; SPEEDY TRIAL RIGHTS; THE VALIDITY OF PRE-DETERMINED BAIL SCHEDULES; 4TH AMENDMENT PROTECTIONS OF EMAIL COMMUNICATIONS; THE IMPORTANCE OF THE RIGHT AGAINST SELF-INCRIMINATION; IMPLIED JUROR BIAS; LIFE WITHOUT PAROLE; AND MARIJUANA LEGAL REFORM.

CLE PROGRAMS: IN ADDITION TO ITS POLICY WORK, DUE PROCESS INSTITUTE DEVELOPS AND EXECUTES CONTINUING LEGAL EDUCATION (CLE) EVENTS FOR ATTORNEYS. UNFORTUNATELY, COVID-19 COMPLICATIONS ULTIMATELY PREVENTED THE ORGANIZATION'S PRESENTATION OF ITS ANNUALLY SCHEDULED SUPREME COURT CRIMINAL LAW EVENT OR OTHER CLE PROGRAMS.