NEW YORK TIMES GETS IT RIGHT PLEASE COPY AND DISTRIBUTE DrugSense FOCUS Alert #272 August 13, 2003 Just days after Attorney General John Ashcroft asked U.S attorneys to report judges who "downwardly depart" from federal sentencing guidelines, U.S. Supreme Court Justice Anthony Kennedy told the annual meeting of the American Bar Association that prison terms are too long and that he favors scrapping the practice of setting mandatory minimum sentences for some federal crimes. "Our resources are misspent, our punishments too severe, our sentences too long," Kennedy said. "I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences." Kennedy asked lawyers to think about the consequences of the current prison system, including what he called its "remarkable scale" of about 2.1 million people behind bars nationwide and the fact that about 40 percent of the prison population is black. At a time when fiscal crises are forcing states to implement state-level sentencing reform, Kennedy's remarks have the potential to spark a lively debate on the need for federal reform. In what will likely be the first of many editorials on the subject, the New York Times calls on the Bush administration to heed Kennedy's advice. Not only does the Times make a strong case for sentencing reform, but the editorial correctly identifies one of the primary reasons the land of the free now has the highest incarceration rate in the world - draconian drug laws. Write the New York Times today to let them know you agree with their position. Thanks for your effort and support. It's not what others do it's what YOU do PLEASE SEND US A COPY OF YOUR LETTER OR TELL US WHAT YOU DID (Letter, email messages, etc.) Please post a copy of your letter or report your action to the sent letter list () if you are subscribed, or by E-mailing a copy directly to if you are not subscribed. Your letter will then be forwarded to the list so others can learn from your efforts and be motivated to follow suit. This is _Very_ Important as it is one very effective way of gauging our impact and effectiveness. Subscribing to the Sent LTE list () will help you to review other sent LTEs and perhaps come up with new ideas or approaches as well as keeping others aware of your important writing efforts. To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm and/or http://www.mapinc.org/lists/index.htm#form CONTACT INFO Source: New York Times Contact: TARGET ANALYSIS The New York Times is one of the most widely read and influential newspapers in the country. Our analysis of published letters at http://www.mapinc.org/mapcgi/ltedex.pl?SOURCE=New+York+Times indicates a strong preference for short letters. The average published letter is only 113 words long, with a range from 45 to 143 words. Please note that the New York Times limits letters to 150 words. ORIGINAL EDITORIAL Pubdate: Tue, 12 Aug 2003 Source: New York Times (NY) Copyright: 2003 The New York Times Company Contact: JUSTICE KENNEDY SPEAKS OUT We hope that both the members of Congress and the Bush administration were paying attention last weekend when Supreme Court Justice Anthony Kennedy, a tough-on-crime Reagan appointee, decried harsh and inflexible sentencing policies. Justice Kennedy was speaking for legal experts from across the political spectrum when he said the current rules misspent America's criminal justice resources by locking up people for irrationally long amounts of time. The nation's inmate population reached 2.1 million, a record, last year. One major factor behind the increase has been the imposition of the mandatory minimum sentences contained in many federal laws, especially drug laws. A second reason for the rise is the effect of federal sentencing guidelines, which were adopted in the mid-1980's to make criminal sentences in federal cases more uniform. These two measures have both pressured judges to give longer sentences than they otherwise would. Justice Kennedy, speaking to the American Bar Association's annual convention, said he supported sentencing guidelines in principle, but that they must be "revised downward" to less draconian levels. As for the mandatory minimums, the inflexible minimum sentences written into some laws, Justice Kennedy said he could accept neither their "necessity" nor their "wisdom." He is hardly alone, even among conservatives, in raising these objections. Chief Justice William Rehnquist has complained that inflexible sentencing rules may threaten judicial independence. And Judge John Martin Jr., appointed by the first President George Bush, has announced that he is leaving the federal bench rather than remain part of "a sentencing system that is unnecessarily cruel and rigid." Even as these objections are being raised, the Bush administration and Congressional Republicans are making the situation worse. They have enacted a new law, called the Feeney Amendment, that reduces judges' discretion to impose sentences less severe than those called for by the guidelines. And Attorney General John Ashcroft has announced plans to track individual judges' sentencing records, an intimidating move that critics are calling a judicial blacklist. Justice Kennedy cast the deciding vote this year in upholding lengthy sentences for minor crimes under California's "three strikes" law. But as he told the association, a court can call something permissible that is not necessarily "wise or just." Mandatory minimums and overly harsh federal sentencing guidelines are not wise or just. If the Bush administration does not believe the liberal critics, it should take the word of the growing number of conservatives who are calling for reform. SAMPLE LETTER Dear Editor, Your August 12th editorial on Supreme Court Justice Anthony Kennedy's well-founded criticism of mandatory minimums was right on target. If draconian penalties served to deter illicit drug use the elusive goal of a "drug-free" America would have been achieved decades ago. Instead of adding to what is already the highest incarceration rate in the world, we should be funding cost-effective drug treatment. It's worth noting that tobacco use has declined considerably in recent years. Public education efforts are paying off. Apparently, mandatory minimum sentences, civil asset forfeiture, random drug testing and racial profiling are not necessarily the most cost-effective means of discouraging unhealthy choices. Sincerely, Hamilton Wright Please Note: This is a sample letter only. Your own letter should be substantially different so that it will be considered for publication. ADDITIONAL INFO to help you in your letter writing efforts, Please See: Writer's Resources http://www.mapinc.org/resource/ Additional Related Letter to the Editor Targets The news items at the top of the lists - the ones from the last few days - produced by clicking these links may also be good targets for similar Letters to the Editor: http://www.mapinc.org/people/Justice+Anthony+Kennedy http://www.mapinc.org/topics/Feeney+Amendment http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) TO SUBSCRIBE, UNSUBSCRIBE, OR UPDATE YOUR EMAIL ADDRESS: Please utilize the following URLs http://www.drugsense.org/hurry.htm http://www.drugsense.org/unsub.htm We wish to thank all our contributors, editors, Newshawks and letter writing activists. Prepared by: Robert Sharpe = Please help us help reform. Send drug-related news to

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