Pubdate: Mon, 01 Oct 2007 Source: Des Moines Register (IA) Copyright: 2007 The Des Moines Register. Contact: http://desmoinesregister.com/index.html Details: http://www.mapinc.org/media/123 Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) Bookmark: http://www.mapinc.org/find?244 (Sentencing - United States) CONGRESS SHOULD FIX SENTENCING FIASCO Return Federal Courts to Original Purpose. While the U.S. Supreme Court wrestles, again, with the issue of criminal sentencing in federal courts, Congress should revisit the disaster it created in the Sentencing Reform Act of 1984. The law was meant to address perceived sentencing disparities among federal courts. Instead, it flooded federal prisons with inmates serving very long sentences with no hope of early release - most of them caught up in the "War on Drugs." Congress established the U.S. Sentencing Commission to create sentencing "guidelines" that dictate precise sentences in every case (down to months) based on a complex matrix of factors. Early release on parole was abolished, and reductions for good behavior were nearly eliminated, meaning the sentence handed down is the sentence served. At the same time, Congress has gone on a bender passing mandatory-minimum sentences for a growing list of crimes that further restrict judges' discretion. The result: The federal prison population rocketed from just over 24,000 inmates in 1980 to nearly 200,000 as of last week. Critics of the federal-sentencing system, including groups that filed nearly a dozen legal briefs with the Supreme Court in the two sentencing cases to be argued tomorrow, contend the system is geared almost entirely to putting convicts in prison rather than rehabilitating offenders. This is largely driven by the war on illegal drugs. According to the Sentencing Project, drug prosecutions in the federal courts have increased by 144 percent since 1986, and in that time sentences for drug offenders have tripled in length. The numbers support critics' contention that the system unfairly impacts minorities: Forty percent of federal inmates are black, more than three times the percentage of African-Americans in the general population. The system gives advantage to federal prosecutors, who can use the threat of Draconian prison sentences to pry confessions out of defendants. And it relies less on juries to decide facts than on bureaucratic pre-sentence investigators who gather information that is plugged into the guidelines formula. The stated intent of the sentencing guidelines - to bring uniformity to sentences - is laudable, but studies suggest they have resulted in more disparity, not less. In any case, it is probably impossible to bring uniformity to sentencing in a nation as big and as diverse as this one. Which is an argument against the practice by Congress of transferring criminal cases from state courts, where they belong, to the federal courts. The states - legislatures and courts - are in the best position to decide what crimes to confront and how to confront them in their jurisdictions. Whatever the Supreme Court does with federal-sentencing laws this term, Congress should go back to work, eliminate the garden-variety drug prosecutions and return the federal courts to their original purpose of hearing major criminal cases that cut across state lines and exceed local authority and resources. And, in those cases, Congress should fashion a sentencing scheme that is designed not to lock people up but to help them become productive and law-abiding citizens. - --- MAP posted-by: Richard Lake