Program areas at Due Process Institute
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; parole and probation reform; forensic science integrity; mens rea reform; "second chance and "clean slate" initiatives; 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 fifth year of operations saw it once again serve as a major contributor to criminal justice reform.1. Federal advocacy in 2022, for the fifth 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:--martha wright-reed just and reasonable communications act (s. 1541), passed by house of representatives and senate; presented to president for signature on december 28, 2022--prohibiting punishment of acquitted conduct act (h.r. 1621), passed by house of representatives--equal act (h.r. 1693) passed by house of representatives (as amendment to ndaa fy 2023)--safe banking act (h.r. 1996) passed by house of representatives (as amendment to ndaa fy 2023)--inspector general access act (h.r. 3064) passed by house of representatives (as amendment to ndaa fy 2023)--fair hiring in banking act (h.r. 5911) passed by house of representatives (as amendment to ndaa fy 2023)--fair chance improvement act (h.r. 6419) passed by house of representatives (as amendment to ndaa fy 2023)--report on government purchases of location data and metadata act passed by house of representatives (as amendment #946 to ndaa fy 2023)--kenneth p. thompson begin again act (h.r. 1924) passed by house judiciary committee --clean slate act (h.r. 2864) passed by house judiciary committee--fresh start act (h.r. 5651) passed by house judiciary committee--terry technical correction act (h.r. 5455) passed by house judiciary committee--ed access act of 2022 (h.r. 9331; s. 5126) introduced in both the house of representatives and in the senate--effective assistance of counsel in the digital era act (s. 3524) introduced in the senate--test act of 2022 (s. 5167) introduced in the senate--snap second chance act (h.r. 6432) introduced in the house of representatives--shield act (h.r. 2671) introduced in the house of representativesthe organization's staff also significantly engaged in the following federal advocacy campaigns in 2022: preventing the further erosion of the fourth amendment and protecting digital privacy rights; opposing warrantless surveillances; supporting federal clemency reform; supporting pardons for all prior federal offenses of simple possession of marijuana; supporting ndaa amendments to reform national guard authorities; supporting national emergencies act reform; addressing the fentanyl crisis; 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). Due Process Institute also participated in the united justice coalition summit in new york city as well as the end justice fees coalition launch. 2. State advocacywhile Due Process Institute did not have the resources in 2022 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, Due Process Institute supported compassionate relief reform in Oregon and we joined as a participating member of the national campaign to eliminate justice system fees coalition. 3. Publications & speaking engagementsin its fifth 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 fifth year, Due Process Institute filed amicus briefs in cases involving: the use of secret information in parole hearings; voter disenfranchisement for those with past criminal legal system involvement; acquitted conduct sentencing; the state secrets privilege as it pertains to warrantless surveillance disputes; agency-imposed settlements; the per se rule in antitrust cases; sentencing enhancements; and defense counsel conflicts of interest.
Cle programs: in addition to its policy work, Due Process Institute develops and executes continuing legal education (cle) events for attorneys. In 2022, Due Process Institute co-hosted "two views: an exploration of scotus's criminal law docket," a widely attended live cle event featuring two constitutional legal experts discussing the most important criminal law cases in front of the court.