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1 Criminal Justice One Year into the Trump Administration 1 (2018)

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BRENNAN

CENTER

FOR JUSTICE
at New York Univemiy School ofLaw


CRIMINAL JUSTICE ONE YEAR INTO
THE TRUMP ADMINISTRATION


Introduction

In his Inaugural Address on Jan. 20, 2017,
President Donald Trump  pledged to stem the
tide of what he called American carnage.'
The administration carried out that plan with
sweeping  changes  to long-standing Justice
Department  policies, covering everything from
marijuana to private prisons. Some of those
changes were explored in a previous Brennan
Center  report, Criminal Justice in President
Trumps First 100 Days.2

Now,  at the end of the president's first year in
office, this analysis examines the administration's
actions to date and  their consequences. It
first documents significant changes in federal
criminal justice policy implemented over the
last year. It then describes what impact can be
seen to date. Finally, it indicates what to expect
moving forward.

All told, President Trump and Attorney General
Jeff Sessions have already left a significant mark
on the Justice Department. They have used short
memoranda   or subtle changes in enforcement
strategy to quietly undo much  of President
Barack Obama's criminal justice reform legacy.
In its place, they have built a more draconian
vision of law enforcement, centered around


     immigration. While  many  of these changes
     occurred without  drawing  public scrutiny,
     consequences have already begun to materialize
     in areas such as immigration enforcement.

     Over the next three years, these shifts could cause
     the federal prison population to begin increasing
     again, reversing what small progress had been
     made  to  reduce  federal over-incarceration.
     Further, the administration's words and deeds
     on  criminal justice could disrupt bipartisan
     efforts to build a fairer, more effective justice
     system at the state and local levels.

I. MAJOR POLICY CHANGES

   1. Sounded a False Alarm About a Crime Wave.
     President Trump  changed  the  way  federal
     officials speak about crime.3 He kicked off his
     domestic agenda with three executive orders
     in February 2017 directed at confronting the
     specter of rising crime.4 The orders created a
     cross-departmental task force on violent crime,
     an  initiative to combat crimes against law
     enforcement, and an interagency collaboration
     to combat the drug trade. The violent crime task
     force led to several key policy changes detailed
     below.

     To  justify this  focus, President Trump



 CRIMINAL JUSTICE ONE YEAR INTO THE TRUMP ADMINISTRATION | I

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