Long Overdue Laws That Congress Should Enact to Protect the Rights of Criminal Defendants

The United States prides itself on a legal system that guarantees every individual the right to a fair trial and protects against the abuses of state power. However, significant gaps remain in the legal framework that governs the rights of criminal defendants. These gaps disproportionately affect marginalized communities, contribute to mass incarceration, and undermine public confidence in the criminal justice system. Congress must act to close these gaps and ensure a fairer system for all. Here are some long-overdue laws that should be enacted to protect criminal defendants.

1. Ending Mandatory Minimum Sentences

Mandatory minimum sentencing laws have been a controversial feature of the U.S. justice system for decades, especially in drug-related offenses. These laws require judges to impose fixed sentences regardless of the individual circumstances of the case, preventing judges from exercising discretion to consider factors like the defendant’s role in the crime, their background, or potential for rehabilitation.

The adverse effects of mandatory minimums are well-documented. These laws disproportionately affect people of color, particularly African Americans and Latinos, who are more likely to face harsher punishments in drug-related cases compared to their white counterparts. Additionally, mandatory minimums contribute significantly to mass incarceration, which has caused the U.S. to have one of the highest incarceration rates in the world.

Congress should pass legislation eliminating or reforming mandatory minimum sentencing laws to restore judicial discretion in sentencing. Judges should be able to consider the unique facts of each case and impose sentences that are proportionate to the crime committed. Reforming these laws would reduce the prison population, help address systemic racial disparities, and provide defendants with fairer treatment.

2. Abolishing Cash Bail

Cash bail is a relic of the U.S. justice system that disproportionately impacts low-income defendants. Under the current system, people charged with crimes are often detained pre-trial simply because they cannot afford to pay bail, leading to unjust outcomes where wealthier defendants can buy their freedom while poorer individuals are stuck in jail, regardless of guilt or innocence.

Pre-trial detention has far-reaching negative consequences. Defendants who remain in jail before trial are more likely to be convicted, receive harsher sentences, and feel pressure to accept plea deals—even if they are innocent—just to avoid extended jail time. Pre-trial detention also disrupts lives by causing loss of employment, housing, and family connections.

Congress should enact legislation that abolishes the cash bail system and replaces it with a risk-based model. In such a system, decisions about pre-trial detention would be based on the risk of flight or danger to the community, rather than a defendant’s ability to pay. Several states and local jurisdictions have already adopted alternatives to cash bail, and it’s time for Congress to ensure these reforms are implemented nationwide.

3. Reforming Prosecutorial Accountability

Prosecutors wield enormous power in the criminal justice system, from determining which charges to file against a defendant to negotiating plea deals. Unfortunately, prosecutorial misconduct—such as withholding exculpatory evidence, coercing confessions, or engaging in discriminatory practices—often goes unchecked. Such misconduct can lead to wrongful convictions, miscarriages of justice, and a general erosion of trust in the legal system.

While some states have adopted reforms to address prosecutorial misconduct, there are no uniform national standards governing prosecutorial behavior. Congress should pass laws establishing clear, enforceable rules for prosecutorial conduct, including mandatory disclosure of exculpatory evidence (also known as “Brady material”) and greater transparency in plea bargaining. Prosecutors who engage in misconduct should face serious consequences, including sanctions, suspensions, or even disbarment.

Moreover, Congress should create independent oversight commissions to investigate claims of prosecutorial misconduct. These bodies would have the authority to review cases, recommend disciplinary action, and monitor the practices of prosecutorial offices to ensure that ethical standards are met.

4. Creating a National Registry for Police Misconduct

Police misconduct—including excessive force, racial profiling, and unconstitutional searches or seizures—plays a significant role in criminal cases, often leading to wrongful convictions. However, a lack of transparency and accountability in policing makes it difficult to address these violations. One major issue is that no national registry tracks police officers who have committed misconduct, which allows some officers to move between departments without accountability.

Congress should enact legislation creating a national registry for police misconduct. This registry would track officers disciplined for violating civil rights, using excessive force, or committing other serious offenses. The registry would be accessible to law enforcement agencies and the public, increasing transparency and accountability in law enforcement practices. Such a system would not only prevent repeat misconduct but also protect criminal defendants from the consequences of improper police actions, such as coerced confessions or fabricated evidence.

5. Expanding Access to Post-Conviction DNA Testing

DNA testing has proven to be a critical tool in exonerating wrongfully convicted individuals. Despite its importance, access to post-conviction DNA testing remains inconsistent across the U.S. In many jurisdictions, defendants face substantial legal hurdles in obtaining DNA testing even when it could conclusively prove their innocence.

Congress should pass legislation ensuring that all defendants have the right to post-conviction DNA testing when relevant biological evidence is available. Additionally, states should be required to preserve biological evidence for as long as a defendant remains incarcerated. Providing greater access to DNA testing would help prevent wrongful convictions and ensure that innocent individuals are not left behind in a system designed to seek justice.

6. Reforming the Use of Solitary Confinement

Solitary confinement is widely used in U.S. prisons, often for extended periods of time, even for individuals awaiting trial. Research has shown that prolonged solitary confinement can lead to severe psychological harm, including depression, anxiety, and hallucinations. Despite the well-documented harm, solitary confinement continues to be used extensively, often in ways that violate basic human rights.

Congress should pass laws limiting solitary confinement, ensuring it is reserved only for the most extreme cases and only for limited periods. Any use of solitary confinement should include regular mental health evaluations and be subject to strict time limits. Solitary confinement should never be used for vulnerable populations, such as juveniles or individuals with mental health conditions. By reforming solitary confinement practices, Congress can help protect defendants and inmates from the damaging effects of prolonged isolation.