Pubdate: Mon, 14 Nov 2011
Source: New York Times (NY)
Contact: http://www.nytimes.com/ref/membercenter/help/lettertoeditor.html
Copyright: 2011 The New York Times Company
Website: http://www.nytimes.com/
Details: http://www.mapinc.org/media/298

A BLUE-RIBBON INDICTMENT

A 645-page report from the United States Sentencing Commission found 
that federal mandatory minimum sentences are often "excessively 
severe," not "narrowly tailored to apply only to those offenders who 
warrant such punishment," and not "applied consistently." That is 
especially so for sentences of people convicted of drug-trafficking 
offenses, who make up more than 75 percent of those given federal 
mandatory minimum sentences. 

This is a powerful indictment from the commission, which has three 
Republicans and three Democrats and operates by consensus. The report 
shows that harsh mandatory minimums have contributed to the near 
tripling of federal prisoners in the last 20 years, reaching 208,000 
in 2009 and putting federal prisons 37 percent over capacity. 

The effects of mandatory minimums on repeat offenders are perhaps the 
harshest. In the Anti-Drug Abuse Act of 1986, Congress established 
five-year minimum terms for "serious" traffickers and 10-year minimums 
for "major" traffickers, as defined by different quantities for 
different drugs. But those sentences are often lengthened in any 
number of ways. A prior conviction for any "felony drug offense" 
punishable by more than a year, including for simple possession, 
doubles those terms. Two prior convictions raise the presumption to a 
mandatory life term. At the same time, there can be great disparity in 
punishment. Committing the same drug crime can lead to a felony 
conviction in one state but a misdemeanor in another, which can then 
lead to widely differing federal sentences. 

The racial disparities in sentencing are also stark. In some cases, 
mandatory minimums can be reduced for offenders if the crime did not 
involve violence or a gun. But most African-American drug offenders 
convicted of a crime carrying a mandatory minimum sentence could not 
meet these and other requirements: only 39 percent qualified for a 
reduction compared with 64 percent of whites. 

The report notes that inequitable sentencing policies "may foster 
disrespect for and lack of confidence in the federal criminal justice 
system." Not "may." Given the well-documented unfairness, Congress 
needs to rescind all mandatory minimum sentences. 
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MAP posted-by: Richard R Smith Jr.