Nkechi Taifa

  • May 8, 2012
    Guest Post

    By Nkechi Taifa, Senior Policy Analyst, Open Society Foundations. [American Constitution Society for Law and Policy (ACS) and the Open Society Foundations will host a forum with experts on the President’s Constitutional Pardon Power on May 10 in 2237 Rayburn House Office Building.]


    In 1974, Gerald Ford used his presidential pardon power to create an executive clemency board to oversee the petitions of 21,000 people convicted of draft-related offenses during the Vietnam War. Within a year, President Ford granted 90 percent of the petitions. The review process was a median strategy -- many desired outright amnesty for the lawbreakers while others favored imprisonment. 

    On balance, the approach by Ford establishing a pardon board allowed for individualized review of each clemency application, with options including approval, community service, or denial. A systematic process of review for this discrete class of cases helped mend a nation divided by conflicting opinions as to the legitimacy of the war and the reasonableness of sanctions for those who morally resisted it.

    Fast forward to today: Currently, there is an identifiable class of people serving egregiously lengthy sentences for crack cocaine offenses. All three branches of the U.S. government agree that these sentences are unjust, inconsistent, unfair and biased. Ironically, these people are the very same group whose harsh and discriminatory sentences inspired passage of the 2010 Fair Sentencing Act (FSA), which reduced the 100:1 powder to crack ratio to 18:1. The FSA, however, applies only to new cases occurring after its passage, leaving in place the flawed sentences of those who were already serving time under the old discredited sentencing scheme. 

  • September 20, 2011
    Guest Post

    By Nkechi Taifa, senior policy analyst for the Open Society Policy Center. She will discuss drug policy reform during two panel discussions at the Congressional Black Caucus Foundation’s Annual Legislative Conference this week.


    For a quarter of a century mandatory minimum sentences have resulted in egregiously severe and harsh punishments which often do not fit the crime, have racially disparate outcomes, increase overcrowding, and exacerbate prison costs. These sentences are the result of a war on drugs that has been disproportionately fought in Black and Latino communities. The impact of the war on drugs on individuals, families, and communities has been likened to a “new Jim Crow,” resulting in the mass incarceration and over-representation of people of color in the criminal justice system. 

    As a quick reminder: A mandatory minimum sentence is a prison term predetermined by Congress and automatically imposed for certain crimes, primarily drugs and firearms. It is the minimum penalty that a judge must impose. In most cases the sentence is at least five years, and often it is 10, 15, or 20 years or more, even for nonviolent first time offenders. 

    One of the problems with inflexible mandatory sentencing laws is that they are applied regardless of the role of the defendant and of other factors, which judges traditionally take into account for sentencing, such as the history and characteristics of the defendant and the likelihood of rehabilitation. 

  • December 22, 2009
    Following a recent National Press Club event on criminal justice policy, the Open Society Institute's Senior Policy Analyst Nkechi Taifa talked with ACSblog about the timeliness for new approaches to dealing with crime. Taifa said that the typical tough-on-crime approaches have failed, and that a new "integrative" approach was needed. She said there is hope now for new criminal justice policies because of "courageous lawmakers," such as Sen. Jim Webb and Rep. Bobby Scott, who have introduced legislation that would advance new approaches to criminal justice.

    "Prospects for reform are bright," Taifa said. "The political will is there." Webb and Scott both participated in the ACS event on criminal justice policy. A YouTube clip of Webb's comments is here and a portion of Scott's comments is here. Video of the entire event is available here. Watch Taifa's interview below or download it as a podcast here.

  • December 4, 2009
    Guest Post
    On Wednesday, Dec. 9 at the National Press Club, Catherine Beane and Nkechi Taifa will participate in a panel discussion at an ACS event focusing on criminal justice reform policies. Sen. Jim Webb will provide a keynote address, Mariano-Florentino (Tino) Cuéllar, President Obama's Special Assistant for Justice and Regulatory Policy will give featured remarks, and Rep. Bobby Scott will participate in the panel discussion.


    By Nkechi Taifa, senior policy analyst, Open Society Institute (OSI), and Catherine Beane, director, Behind the Cycle, and principal, Beane Consulting

    One of the top issues on the front burner of debate today is unemployment. Seldom, however, does the discussion include the connection of joblessness to crime. Indeed, linkages are also seldom made between the impact of inadequate education, poor health care, insufficient housing, and other indicia of poverty with criminal activity. The factors that contribute to delinquent and criminal behavior are interrelated and involve multiple disciplines and government institutions. The solutions must be integrative as well.

    Unfortunately, current policy relies on incarceration as the primary strategy for addressing crime, despite its exorbitant costs and questionable public safety returns. This has resulted in a cycle of incarceration, fueled by "tough on crime" policies. Crime, however, cannot be effectively addressed in isolation, devoid of an analysis of the broader social context. It must be addressed through an integrative approach that calls for a comprehensive criminal justice strategy that tackles the underlying, interrelated social issues that fuel the cycle of incarceration.

    There is an energy and enthusiasm across the disciplinary spectrum in stopping the cycle of incarceration before it begins through an integrative, multidisciplinary approach to justice reform that strengthens communities and affords those most at risk an opportunity to thrive. Indeed, with a recession in full swing, the stakes have never been higher. The opportunities, however, are bright. Recent federal legislative proposals such as the National Criminal Justice Commission Act, introduced by Senator Jim Webb (D-Va.) with strong support from Senator Lindsey Graham (R-S.C.); the Youth PROMISE Act, introduced by Representatives Robert C. "Bobby" Scott (D-Va.) and Michael Castle (R-Del.) and Senators Robert Casey (D-Pa.) and Olympia Snowe (R-Maine); and the Criminal Justice Reinvestment Act, introduced by Senator Sheldon Whitehouse (D-R.I.) and Representative Adam Schiff (D-Calif.), represent a shift from the ineffective and costly punishment based policy-making paradigm toward a fiscally responsible and effective comprehensive approach focused on preventative front-end reforms.

    In addition to Congressional leadership, strong federal leadership from the White House is needed to reorient federal criminal justice policy toward a more integrative approach. A White House Summit on Integrative Justice - akin to previous health care and economic summits, as well the recent Jobs Summit, would provide a forum for researchers, service providers, academics, advocates, and policymakers from across the disciplinary spectrum to inform the policies and strategies adopted by the Administration to prevent crime, enhance public safety, and effectively respond to the serious crisis that exists in America's urban areas. White House leadership would send a strong message to policymakers that an integrative approach to justice is a national priority, is a more effective means of ensuring public safety, and is critical if we are to correct the flawed policy choices that have led to the problems facing urban America. The Wednesday, Dec. 9 ACS panel discussion on criminal justice policy offers an important opportunity to explore both the need for an integrative approach to justice as well as critical opportunities for federal leadership.

    [Image via b.keelerfoster]