The Justice Department has been limiting the ability of people in prison to apply for compassionate release. Advocates say that flouts Congress and is cruel.
Federal prosecutors have been seeking to limit defendants' rights to win compassionate release from prison in plea negotiations across the country, a practice that advocates say undermines the intent of Congress and produces cruel outcomes.Families Against Mandatory Minimums and the National Association of Criminal Defense Lawyers — asked Deputy Attorney General Lisa Monaco on Tuesday to prohibit U.S. attorneys from including the"pernicious" language in plea agreements.
One 65-year-old man in Arizona fought for months to withdraw his guilty plea after realizing it included limits to his ability to seek compassionate release. In another case, in northern California, Senior U.S. District Judge Charles Breyer called the limits"unconscionable" and"inhumane." Well over 90% of federal prosecutions end in guilty pleas, so the language in plea agreements carries enormous impact.
The paralysis at the commission has grown so acute that Supreme Court Justice Sonia Sotomayor, joined by Justice Amy Coney Barrett, referenced it last month.
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