The Due Process Institute is a bipartisan nonprofit that works to honor, preserve, and restore principles of fairness in the criminal legal system.
Led by a public policy professional with 20 years of project management, lobbying, legal, and teaching experience, guided by a bipartisan Board of Directors, and supported by bipartisan staff, the Due Process Institute creates workable solutions for challenging policy concerns through advocacy and education.
The Due Process Institute sent a letter to Sens. Mike Crapo (R-ID) and Sherrod Brown, (D-OH), the Chairman and Ranking Member, respectively, of the Committee on Banking, Housing, and Urban Affairs, sharing concerns regarding proposed changes to the beneficial ownership reporting requirements.
"Joe Luppino-Esposito, director of rule of law initiatives at the Due Process Institute, said the size of the wave is important to keep in context. 'There are 3,000 to 4,000 inmates released every month as their sentences end,' he said.
"Still, Luppino-Esposito said that 'it will be important for advocates around the country to step up and help these people return to society and lead productive, crime-free lives.'
"Matthew Charles, a guest of Trump’s at the State of the Union, had trouble finding housing after his release under the First Step Act, Luppino-Esposito noted."
The Due Process Institute, along with the American Civil Liberties Union and FreedomWorks, have issued a Hill Alert opposing HR 2513, Corporate Transparency Act of 2019 , because of serious concerns regarding privacy and the use of criminal penalties. Five new crimes would be created for paperwork violations, using vague terms and complicated reporting regimes that are likely to trap many business owners.
On April 10, Due Process Institute President and Founder Shana-Tara O'Toole was one of the featured speakers at the ABA's Section of International Law 2019 Annual Conference held in Washington DC. Shana spoke on the panel titled, "Corporate Requirement or Getting Thrown Under the Bus? The Prosecution of Individuals in the Anti-Corruption Boom." Shana's comments specifically addressed the existence of compliance defenses used in certain OECD countries and how that may have an effect on the prosecution of individuals.
Former Chairman of the Senate Judiciary Committee Chuck Grassley addressed the Senate in December to recognize the imminent passage of the First Step Act, the most significant criminal justice reform legislation passed in a decade. The Due Process Institute was among the core organizations that were responsible for the bill's ultimate success. Senator Grassley explained:
"A diverse group and a broad coalition of other groups, from the ACLU to the American Conservative Union, supported this bill. I can't list all the groups that offered their key support, but they include FreedomWorks, Justice Action Network, Americans for Tax Reform, Heritage Action, the Due Process Institute, Faith & Freedom Coalition, R Street, Right on Crime, Texas Public Policy Foundation, Prison Fellowship, and members of the Interfaith Criminal Justice Coalition."
The Due Process Institute is proud to be recognized for our efforts, and prouder still that we were part of such an impactful, bipartisan piece of legislation.
The Due Process Institute is endorsing the Restoring Education And Learning (REAL) Act that has been proposed in both the Senate and the House. The original cosponsors are Sens. Brian Schatz (D-HI), Mike Lee (R-UT), and Dick Durbin (D-IL) in the Senate and Reps. Danny Davis (D-IL), Jim Bank (R-IN), Barbara Lee (D-CA), and French Hill (R-AR).
“Our justice system fails us if the people returning back into our communities after incarceration do not succeed and the REAL Act takes an important step towards addressing an existing failure,” said Shana O’Toole, President of the Due Process Institute. “Education is a critical piece of preparing incarcerated individuals for reentry. After our work on the First Step Act, we know how important Pell eligibility is for establishing much-needed educational programs and learning behind the wall.
“Incarcerated individuals deserve a meaningful opportunity to educate themselves in order to prepare to rejoin us as productive members of society—and we are grateful to see that providing this kind of support is a bipartisan cause.”
The Due Process Institute is endorsing the FAIR Act, HR. 1895, co-sponsored by Republican Reps. Tim Walberg, Tom McClintock, and Thomas Massie, and Democrat Reps. Jamie Raskin, Tony Cardenas, and Bobby Rush. The FAIR Act protects Americans against civil asset forfeiture practices that deprive citizens of their property without proper legal processes.
“The FAIR Act restores basic due process rights that have been undermined for decades because of abusive civil asset forfeiture practices. These meaningful reforms have been supported by policymakers and advocates on both sides of the aisle, and we are proud to count ourselves in that group,” said Shana O’Toole, President of the Due Process Institute.
“These are sensible, impactful reforms, and we look forward to advancing the FAIR Act to the President’s desk.”
Several civil liberties and tech organizations have asked Congress to refrain from funding certain surveillance technology as a security measure to protect the nation's border. These proposals have included biometrics, mass surveillance, license plate readers, and DNA data, among others.
On the morning of September 21, the Due Process Institute hosted "Two Views: An Exploration of Key Cases from Supreme Court's Criminal Law Docket." The event, which took place at the historic Willard Intercontinental Hotel in downtown Washington DC, featured Stanford Law Professor Jeffrey Fisher and Erin Murphy of Kirkland & Ellis, LLP. These leading constitutional law experts went in-depth into the most important criminal law cases that the Supreme Court will hear in October.
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