The Preamble of our Constitution sets forth aspirations that our Founding Generation foresaw were necessary for the establishment of a free, just, and prosperous nation. In fact, the concept of “justice” was foremost on their minds: “We the People of the United States, in Order to form a more perfect Union, establish Justice….”
Yet this concept of “justice” is complicated--it must balance individual liberty and fairness with public safety and victim restoration. Clause 40 Foundation is a nonpartisan tax exempt 501(c)(3) founded on the belief that the promise of justice in the Preamble is yet unfilled in our modern society and that failure is preventing the advancement of this country and all its people.
We believe that the erosion of procedural due process rights is one cornerstone of the problem and therefore our mission is to re-balance the nation’s criminal justice framework by preserving the due process rights guaranteed in the Constitution through public education, events, research, litigation, and advocacy.
While other voices are shouting at each other across a void of misunderstandings and mistrust, we work to bridge the divide--partnering with all communities to move America #TowardJustice.
Join us for an 8-part series on transforming our criminal legal system from the inside out. The prosecutorial function and culture. Police misconduct and brutality. Race. Juvenile Justice. Survivors of Crime. Economic inequity. Smarter Sentencing. Safe Communities. Supported Communities.
Watch online with us each Sunday night. Then, join us afterwards for a live online discussion among nationally recognized criminal justice experts. (Each episode works on its own; sequential viewing of all episodes is not necessary to enjoy these!) Previous panels available below.
Clause 40 Foundation does not participate in, or intervene in, any political campaign on behalf of (or in opposition to) any candidate for public office. The "Philly, D.A." docuseries from PBS, ITVS, and Independent Lens, concerns one particular office’s prosecutorial approach and we are presenting it to the public free of charge as part of an educational campaign on transforming the prosecutorial role to ensure a fairer and more effective criminal legal system. Our corresponding panels use the general topics raised in each episode to explore a wide variety of criminal justice topics and do not constitute electioneering activity. Any particular panelist's involvement with our program should not be inferred as support of, or opposition to, any particular candidate for office unless they explicitly state otherwise during their participation and any such statement is to be attributed to the individual, not the host organization nor other panelists.
Larry Krasner’s team makes history: they charge an on-duty police officer with murder for shooting a Black man in the back. The family of the victim hopes for justice. Yet Krasner’s prosecution faces an uphill battle because of the police union and state laws that protect police.
Join Jamila Hodge (Director, Reshaping Prosecution Program, Vera Institute of Justice), Jonathan M. Smith (Executive Director, Washington Lawyers’ Committee for Civil Rights and Urban Affairs / former Chief, Special Litigation Section, Civil Rights Division, DOJ ), Patrice Sulton (Founder + Executive Director of DC Justice Lab), and Jonathan Blanks (Contributing Editor, Clause 40 Foundation) as we discuss transforming our responses to police misconduct and brutality.
Larry Krasner recruits law students to become the next generation of "progressive prosecutors." The activists who campaigned for Krasner’s election are frustrated with the slowing pace of change. After the police murder of George Floyd in 2020, Philadelphians take to the streets, reflecting on the potential and pitfalls of systemic change emanating from their District Attorney’s office.
Join Tim O'Toole as he moderates a discussion between Philadelphia D.A. Larry Krasner, Parisa Dehghani-Tafti (Commonwealth's Attorney, Arlington County + City of Falls Church, VA), Jose Garza (D.A., Travis County, TX), and other transformational prosecutors.
Watch Shana O'Toole (President, Clause 40 Foundation / Due Process Institute), Keir Bradford-Grey (Chief Defender, Defender Association of Philadelphia), Somil Trivedi (Sr. Staff Attorney, Criminal Law Reform Project, ACLU), and Jessica Brand (Co-Director, Wren Collective) discuss transformational "reform" prosecution models, mass incarceration, civic engagement, and cash bail.
Recap of Episode 1 (for context): In the Fall of 2017, Larry Krasner is campaigning to be District Attorney of Philadelphia, the most incarcerated big city in America. Krasner fires 10% of the old-guard Assistant District Attorneys, alienating the office he now leads. His team struggles with their first major announcement: a new policy on cash bail. At the end of the episode, his new Assistant District Attorneys discover hidden files of police officers unfit to be called to testify.
Watch Rebecca Brown (Director of Policy, Innocence Project), Kevann Gardner (Supervising Attorney, Trial Division, Public Defender Service for D.C.), Lisa Wayne (criminal defense lawyer / Past President, NACDL), and Clause 40 Foundation Board Member Blair Brown (Zuckerman Spaeder / former PDS) discuss transforming how prosecutors provide important information to the defense, and how to increase accountability and transparency regarding prosecutorial and police misconduct.
Recap of Episode 2 (for context): Larry Krasner and his team battle the police for access to the complete misconduct files. Meanwhile, tensions over the District Attorney’s office culture boil over between new Assistant District Attorneys and the remaining hold-outs in the juvenile unit.
Watch Sajid A. Khan (San Jose Public Defender, host of the Aider & Abettor podcast), Kate Brubacher Murphy (Assistant Prosecuting Attorney and Director of the Innovative Prosecution Solutions Grant, Jackson County), Marc Levin (Chief Policy Counsel, Council on Criminal Justice), and Kobie Flowers (civil rights attorney/criminal defense lawyer, Brown Goldstein & Levy) as they discuss reconciling criminal legal reforms with victim, survivor, and community restoration as well as public safety concerns.
Recap of Philly D.A. Episode 3 (for context): Larry Krasner campaigned on a historic pledge to end capital punishment in Philadelphia. His promise is put to the test when a police sergeant is murdered. Krasner faces pressure from the police union, the slain officer’s family, and his own District Attorneys to pursue the death penalty.
Watch formerly incarcerated activists LaTonya Myers (Founder, Above All Odds) and Chris Ervin (Founder, The Lazarus Rite, Inc), with Erin Haney (Policy Director, Reform Alliance; Senior Counsel, Dream Corps), Prof. Howard Henderson (Founding Director, Center for Justice Research, Texas Southern University), and former U.S. Attorney Brett Tolman as they discuss transforming parole and probation systems.
Recap of Philly D.A. Episode 4 (for context): Formerly incarcerated activist LaTonya Myers begins her dream job at the public defender's office. Yet she’s also starting a 10-year probation sentence. The District Attorney’s team tackles systemic probation reforms, facing off against judges who embrace the status quo of excessive supervision. Meanwhile, Myers advocates for her own freedom.
Watch Prof. Kristin Henning (Director of the Juvenile Justice Clinic and Initiative at Georgetown Law), Nila Bala (Associate Director, Criminal Justice & Civil Liberties at R Street Institute), Michael McNeely (Executive, Georgia Department of Juvenile Justice), and DC attorney Brandi Harden (Harden & Pinckney) as they discuss transforming our juvenile legal system.
Recap of Philly D.A. Episode 5 (for context): Larry Krasner reviews the case of Joseph Chamberlain, who was sentenced to life without parole as a juvenile for murdering another teenager in 1992. Joseph’s family hopes for his release, while the parents of the victim of his crime grapple with forgiveness. Meanwhile, Krasner is blamed for the city’s spiking homicide rate. He struggles to persuade people of systemic solutions to public safety.
Watch Jason Pye (Director, Rule of Law Initiatives, Due Process Institute), Inimai Chettiar (Federal Director, Justice Action Network), Aamra Ahmad (Senior Policy Counsel, Justice Division, ACLU), and Kevin Ring (President, FAMM) discuss a number of ways to transform our federal criminal legal system to be more effective, more efficient, and more fair.
Recap of Philly D.A. Episode 6 (for context): By the summer of 2019, crime continues to rise. Some police and community members blame Larry Krasner’s policies. Councilmember Maria Quiñones-Sánchez guides Krasner through the politics of Kensington, the neighborhood at the center of the heroin and violence epidemics. But Krasner’s attempts to assuage the public backfire and risk alienating his allies.
During this unprecedented time, Clause 40 Foundation is relying on your support to help ensure that we can continue our mission. It is during times like these that our foundational principles--like due process--provide the most guidance. Please help us ensure such principles endure this crisis by supporting our work.
with leading constitutional litigators Prof. Jeffrey L. Fisher + Erin E. Murphy
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