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1 Oliver Roeder & Nicole Fortier, Federal Prosecution for the 21st Century: Fiscal Impact Statement 1 (2014)

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B RE N NAN


CENTER


FOR JUSTICE

at New   York University School ofLaw



Federal Prosecution for the 21st Century:
Fiscal Impact Statement

By Oliver Roeder, Nicole Fortier

The Brennan Center's recent report, Federal Prosecutionfor the 21st Centu, proposes a mission shift for
federal prosecution: a reorientaton toward the twin goals of reducing crime and reducing mass
incarceration. It recommends that the Justice Department institutionalize this change by
implementing new prionites and success measures.

This analysis presents the estimated budgetary cost savings of a reduction in the federal prison
population achieved by implementing this reform. At best estimate, this reform would result in
approximately  100,000 fewer federal prisoners per year, saving the Justice Department over
$1.2 billion annually and $19 billion over 10 years - without compromising public safety.' As
explained below, higher or lower cost savings could result depending on how deeply the reforms are
institutionalized within U.S. Attorneys' Offices.

Summar of Report Recommiendations

The Justice Department can implement 21st century federal prosecution by:

    *  Articulating new prionites for federal prosecution: reducing violent and serious crime,
       reducing incarceration, and reducing recidivism;
    *  Evaluating the performance of U.S. Attorneys' Offices based on success measures that
       track progress toward these priorities;
    *  Modifying the evaluations of individual prosecutors to include similar success measures;
    *  Provide additional funding for Offices that successfully reduce the numbers of defendants
       sent to prison; and
    *  Encouraging Offices to implement complementary changes in their individual offices.

As Attorney General Eric Holder stated in September, [These] concrete recommendations - that
federal prosecutors should prioritize reducing violence, incarceration, and recidivism - are consistent
with the aims of the Smart on Crime initiative. The new metrics [proposed] - such as evaluating
progress by assessing changes in local violent crime rates, numbers of federal prisoners initially
found in particular districts, and changes in the three-year recidivism rate - lay out a promising
roadmap.


Olver Roeder is an Economics Fellow at the Brennan Center. Nicole Fortier is a Counsel at the Center and co-author of
Federal Prosecution for the 21st Centuy.

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