Judges and prosecutors have steadily broadened their powers over the years -- far beyond what the Constitution allows. Prosecutors and judges operate with tacit impunity. At the NCDP, we don't judge defendants or inmates. We judge prosecutors and judges.
The NCDP aims to change judicial policy in Washington DC and across state capitals and provide three elements that our judicial system lacks: oversight, transparency, and accountability.
Since the launch of the Rockefeller Drug Laws as well as the Comprehensive Crime Control Act, prosecutors have unlimited powers.
Judges have little power, and defense attorneys even less. Legislators have created mandatory minimum sentencing, established harsh sentencing guidelines, and have given prosecutors carte blanche control of all court proceedings, leading to our current mass incarceration epidemic.
We need to shine a light on judicial misconduct. Brady Violations occur when a prosecutor knowingly withholds potentially exonerating evidence. Who's currently holding prosecutors accountable? Judges surely aren't.
Most Americans watch CSI or HLN, and think of our justice system as an open battle in a court of law, where defense lawyers and prosecutors spar in front of an impartial judge. This couldn't be further from reality.
Over 95% of state-level cases and 97% of federal cases are resolved through behind-closed-door, secretive plea bargains. Due to the massive powers prosecutors have in conjunction with disparate criminal justice legislation, defendants are often forced into pleading guilty -- even if they're not.
The 8th Amendment protects us against cruel and unusual punishment, and also mandates that bail be reasonable and affordable.
After the Bail Reform Act of 1984, however, judges are no longer required to give bail. Many defendants are granted bail at an astronomical figure, which stuffs our already-packed county jails with even more inmates who are presumed to be innocent.
The National Center for Due Process is a 501(c)(3) nonprofit organization aimed at affecting policy change while advocating for those who have been adversely affected by America's flawed judicial system. The NCDP also aims to provide Americans with the constitutional civil rights that our founding fathers put in place for protection against the tyranny colonialists experienced under British rule.
The NCDP relies on contributions from the public and private foundations to provide for organizational, administrative, and research costs.