Crackdowns May Increase Overdoses, Defendants with Dementia & More

Here are five things you should know about criminal justice reform this week: 

"Instead of trying to score cheap political points, politicians should continue working towards a more effective justice system that cuts crime, makes neighborhoods safer, and offers pathways to rehabilitation."
 
American Conservative Union's David Safavian and Faith & Freedom's Tim Head authored a joint op-ed in The Hill this week that calls recent criticism of federal criminal justice reforms an “ill-informed, short sighted mistake.” Instead, they advocate “now is not the time to shy away from improving the criminal justice system; instead, we should build upon the First Step Act’s success,” and emphasize that conservatives support reforms that that prioritize rehabilitation and accountability.
 
"With opioids we saw overdoses double in the area immediately surrounding a seizure, within maybe a five-minute walk of that seizure over the next several weeks."
 
As calls for enhanced penalties and crackdowns related to fentanyl continue to escalate, a new peer-reviewed study has shown that drug busts and crackdowns on “dealers”—many of whom are users themselves—may be making the overdose crisis worse. This research brings up important questions about what can and should be done that will have a meaningful impact on reducing the number of overdose deaths from fentanyl and other related opioids. 
 
"This structural change means nothing if local judges don’t create and implement new comprehensive plans for indigent defense."

Advocates, lawyers, and judges in Mississippi say there's no comprehensive plan to implement a newly enacted rule by the state's Supreme Court that requires indigent defendants to have representation between arrest and indictment. The mandate went into effect this past Saturday, and few state courts have plans in place to change their procedures to conform with the new rule. The sometimes-lengthy period between arrest and indictment often results in defendants spending extended periods in jail where, right now, they have no one working on their behalf while prosecutors decide whether to bring charges—especially in felony cases. Stakeholders tell ProPublica they're now concerned the lack of implementation is a lawsuit waiting to happen. 
 
"These are people that are trying to compete in the legal labor market. You can’t say, ‘Well, these people are just lazy’ or ‘These people really don’t really want to work.’"
 
Despite record unemployment in the U.S., returning citizens and those with criminal records continue to struggle to obtain employment. This week, the New York Times is sharing stories from individuals struggling to find employment after they’ve been released from prison, and highlighting some “second chance hiring” initiatives across the country that are showing promise toward closing the unemployment gap for those leaving prison. 
 
"From the day he was arraigned, I knew he could never be prosecuted... It was just pointless, he was very sick. But there’s no legal pathway to avoid this."
 
Though extremely rare, criminal charges brought against people who have dementia are presenting unique challenges to courts and criminal justice systems across the country regarding mental competency. Restoring defendants' mental competency through treatment so that they can later stand trial has been a cornerstone of the way the system deals with people who commit crimes in altered states of consciousness. But not only can people who have dementia not be restored, in some cases attempts to do so may be harmful. Now, experts are pleading with policymakers to find alternate ways to deliver justice in these unique circumstances.