Criminal Justice - Obama Presidency Oral History
“Our criminal justice system isn’t as smart as it should be. It’s not keeping us as safe as it should be. It is not as fair as it should be,” Barack Obama told the NAACP conference in 2015, continuing: “Mass incarceration makes our country worse off, and we need to do something about it.” Criminal justice reform had been a throughline of Obama’s career. He’d been involved with reform efforts as a young community organizer in Chicago, as a law student at Harvard, and as a state senator in Springfield. In the White House, Obama continued that work, and signed legislation and took executive actions that reduced sentences for nonviolent offenses, sought to limit police department abuses, and increased opportunities for people with criminal records. Throughout Obama’s presidency, however, activists called on Obama and his administration to do far more, and new grassroots reform movements emerged in response to police violence. Across the Obama Presidency Oral History, narrators provide wide-ranging coverage of the administration’s reform efforts and interactions with activists and advocacy organizations, helping to shed light on the changing politics of criminal justice during the Obama years.
Sentencing reform was central to the administration’s criminal justice reform agenda, and they worked to reduce long mandatory sentences, especially for drug-related and nonviolent crimes. In 2010, Obama signed the Fair Sentencing Act to reduce disparities in sentences for crimes involving crack and powder cocaine, and the White House supported bipartisan sentencing reform legislation in 2013 and 2015. Congressional Republicans refused to bring either of those bills to a vote, however, and so the administration used its executive powers to pursue more limited reforms. The Department of Justice (DOJ), for instance, reversed its policy requiring prosecutors to bring charges that could result in the most severe possible sentences. Federal agencies partnered with state and local governments and non-governmental organizations to train localities to use data to divert low-level offenders with mental health issues away from the criminal justice system and into social services. And in 2013, Attorney General Eric Holder launched the Smart on Crime Initiative, which initiated a comprehensive review of the US criminal justice system, and called for the prioritization of the most serious cases, sentencing reform to eliminate racial disparities and reduce prison populations, improvements to prisoner reentry programs, and increased violence prevention resources. In project interviews, federal and local officials, as well as justice-involved people impacted by the Fair Sentencing Act, reflect on the administration’s approach to sentencing reform.
Eric Holder
Attorney General
James Cole
Deputy Attorney General
Darrell Padgett
Criminal Justice Advocate
Gil Kerlikowske
Drug Policy Official
Mark Luttrell
Sheriff and Mayor of Shelby County
During the final years of the Obama presidency the administration also took steps to reduce the sentences of certain federal prisoners. The centerpiece of this effort was the Clemency Initiative, which DOJ launched in 2014 to encourage inmates to petition Obama to commute or reduce their sentences. Inmates were generally considered eligible for clemency if they were non-violent, low-level offenders; had limited criminal histories; had served at least 10 years of their sentence; and would likely have received a substantially lower sentence if convicted of the same offense at the time of the review. By the end of his second term, Obama granted more than 1,300 commutations—more than his 12 predecessors combined. The administration also worked to support people with criminal records as they sought to reintegrate into society following their incarceration. The White House launched the Federal Interagency Reentry Council, which was tasked with finding ways to reduce barriers formerly-incarcerated people face while pursuing education, jobs, housing, and health care. Toward those ends, the Office of Personnel Management issued a rule prohibiting federal agencies from asking job applicants about criminal histories, the Department of Housing and Urban Development released guidelines to limit the use of criminal records in housing decisions, and the Department of Education encouraged colleges and universities to conduct holistic evaluations of applicants with criminal records. Narrators from across the project archive discuss these policies and initiatives, and outline the administration’s efforts to reduce the prison population and ease post-incarceration reentry.
Neil Eggleston
White House Counsel
Loretta Lynch
Attorney General
James Cole
Deputy Attorney General
Darrell Padgett
Criminal Justice Advocate
Norman Brown
Clemency Recipient and Youth Mentor
Julián Castro
HUD Secretary
Over the course of the Obama years, grassroots movements for racial justice and criminal justice reform emerged in response to high-profile killings of unarmed African Americans. #BlackLivesMatter appeared on social media following the acquittal of George Zimmerman, who had killed Trayvon Martin in 2012, and over the course of Obama’s second term Black Lives Matter came to describe a national decentralized anti-racist movement. Large Black Lives Matter protests took place following the unprosecuted police killings of Michael Brown in Ferguson, Missouri and Eric Garner in New York City in 2014, and Freddie Gray in Baltimore in 2015.
Brittany Packnett
Social Justice Activist
Valerie Jarrett
Senior Advisor to the President
Loretta Lynch
Attorney General
Vanita Gupta
Assistant Attorney General
Alicia Garza
Black Lives Matter Co-Founder
Activists associated with the movement increased focus on structural and systemic racism in the US criminal justice system, and were at-times sharply critical of Obama and his administration. In the project archive, activists and administration officials discuss the rise of Black Lives Matter, and share stories of White House meetings between Obama, movement activists, federal officials, and civil rights leaders.
With police brutality and racial profiling centered in criminal justice reform debates, the administration took a number of administrative actions to eliminate police department abuses and improve police-community relations. Central to this effort was the Task Force on 21st Century Policing, which Obama created in late 2014, and which brought together law enforcement, DOJ officials, and outside activists to make recommendations related to data collection, technology, oversight, and police responses to public demonstrations. The administration also made extensive use of "consent decrees" to sanction and retrain police departments with histories of excessive force and racial profiling. Following the militarized response to the 2014 Ferguson protests, Obama signed an executive order to scale back the transfer of military surplus to local police departments. In their oral histories, key figures involved with the Task Force discuss its activities, while narrators from across the project archive reflect on the administration's capacity to transform local law enforcement practices.
Cecilia Muñoz
Domestic Policy Advisor
Thomas Perez
Secretary of Labor
Laurie Robinson
Assistant Attorney General
Brittany Packnett
Social Justice Activist
The Obama Presidency Oral History project’s coverage of criminal justice reform overlaps and intersects with a number of other topic areas in the collection, including Black Politics, Human Rights, and Counterterrorism.