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Any new thoughts about criminal justice as Prez-elect Obama fills out his Justice league?

By Douglas Berman

As noted in this recent post, President-elect Obama today officially tapped Harvard Law Dean Elena Kagan to be the next Solicitor General.  In addition, as detailed in this official press release, the Obama team has also today named a number of other persons to fill key spots in the Justice Department:

Today, President-elect Barack Obama announced that he intends to nominate the following individuals for key posts at the United States Department of Justice: David Ogden, Deputy Attorney General; Elena Kagan, Solicitor General; Tom Perrelli, Associate Attorney General; and Dawn Johnsen, Assistant Attorney General for the Office of Legal Counsel.

President-elect Obama said, “These individuals bring the integrity, depth of experience and tenacity that the Department of Justice demands in these uncertain times. I have the fullest confidence that they will ensure that the Department of Justice once again fulfills its highest purpose: to uphold the Constitution and protect the American people. I look forward to working with them in the months and years ahead.”

I know these impressive folks only by reputation, but those reputations bode well for anyone (like me) hoping that the “change” mantra becomes a serious reality in the federal administration of justice.  Relatedly, regular readers may recall the name Dawn Johnsen from this post, which noted that she authored this terrific chapter from a publication by the Center for American Progress Action Fund, entitled “Change for America: A Progressive Blueprint for the 44th President.”  That chapter included these important sentiments:

Although crime is largely a state and local responsibility, federal leadership can be enormously influential beyond the federal system through assistance that fosters innovation, supports research, and shares information about “what works” in combating crime….

Incarceration in the United States is an issue crying out for DOJ attention.  After holding steady for most of the 20th century, the federal prison population increased 10-fold in the last 25 years. The United States at all levels of government incarcerates more of its population than any other nation in the world, both in terms of the incarceration rate and in absolute numbers….

The costs, both financial and social, are astronomical.  DOJ should undertake affirmative efforts to decrease prison populations without endangering public safety.  Again, states can provide useful models for each other and for the federal government.  In response especially to budget crises, some states have successfully reduced incarceration rates without increasing crime.  DOJ should study, disseminate, and implement best practices, which include increased and improved use of drug courts and treatment alternatives to incarceration….

I sincerely hope that AAG-nominee Johnsen sustains a fierce commitment to deal with mass incarceration in the new Administration, and I also hope these other nominees share this perspective. 

With these appointments and modern economic realities and various notable jurisprudential doings, I am starting to become (dangerously?) optimistic that we could be on the verge of a new criminal justice era in the United States.  Perhaps readers can/should try to burst my optimism bubble so that I do not start expecting too much.

Some recent related posts: