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Mandatory Minimums

Sentencing Project Recommendations to U.S. Sentencing Commission

Dear Friend,

Today the United States Sentencing Commission will be meeting in Washington, D.C. to establish its priorities for the 2009-2010 program year. In preparation for this meeting, the Commission has invited interested parties to recommend areas of focus on federal sentencing policy. On August 5, The Sentencing Project submitted a letter to the Commission highlighting four areas of attention. Our recommended issue areas are the following:

1. Prepare a Report for Congress on the Impact of Federal Mandatory Minimum Sentences - The last substantial report produced on mandatory sentencing is now nearly 20 years old. We recommend a fresh examination of these issues, including the impact of mandatory sentencing on public safety and racial disparity, and the utility of the federal "safety valve" sentencing provision.

2. Continue Recent Activity in the Area of Cocaine Sentencing Policy - The Commission should continue to play an active role in Congressional deliberations regarding changes in the penalty structure for crack and powder cocaine sentencing.

3. Prepare a Report for Congress on Alternatives to Incarceration - Building on evidence that alternatives are underutilized in the federal system, particularly for drug offenses, the Commission should examine options for expansion of alternatives and guidelines restrictions that need to be reconsidered.

4. Examine the Impact of Time Served in Prison on Crime, Costs, and Disparity - Between 1993 and 2006 time served in prison for federal offenses increased by 44%. The Commission should examine these changes to assess their value and cost regarding public safety outcomes.
We hope you find these recommendations useful in your work, and we will keep you posted regarding the priorities established by the U.S. Sentencing Commission.

-The Sentencing Project

Middle East: Dubai Court Sentences Woman to Life for Selling a Joint

A court in Dubai, the United Arab Emirates, has sentenced a young woman to life in prison for selling a joint to an undercover officer and possessing 16 more weighing a total of 19 grams.

Sentencing: House Subcommittee Approves Reducing Federal Crack Cocaine Penalties

An end to the notorious sentencing disparity between crack and powder cocaine may be in sight.

Sentencing: Attorney General Calls for Elimination of Crack-Powder Cocaine Disparity

US Attorney General Eric Holder said Wednesday that the gap in sentences for crack and powder cocaine offenses must go.

Sentencing: Louisiana Bill to Allow Parole for Heroin Lifers Passes Full House, Senate Committee

From the 1970s until 2000, anyone caught possessing, distributing, or producing heroin in Louisiana was eligible for a prison sentence of life without parole.

Medical Marijuana: California Dispensary Operator Charles Lynch Sentenced to a Year and a Day, Remains Free Pending Appeal

A federal judge in Los Angeles sentenced Morro Bay medical marijuana dispensary operator Charles Lynch to a year and a day in federal prison

Canadian House Passes Anti-Crime Bill With Mandatory Minimums for Pot, Other Drug Offenses

The Canadian House of Commons today passed the Conservative government of Prime Minister Steven Harper' C-15 crime bill, which will institute mandatory minimum sentencing for some marijuana and other drug offenses. The vote, in which after dilly-dallying for days, the opposition Liberals joined in, came despite hearings in which no witnesses favored such a tough on crime approach north of the border.

It's not a done deal yet. The bill must still be approved by the Canadian Senate, which issued a report several years ago calling for the government to head in the opposite directoin. But the Senate, which is appointed, is not known for bucking the government and the House of Commons.

That the Liberals buckled for fear of being "soft on crime" and supported the Conservatives in this giant step backward is disappointing but not surprising. Oh, Canada! Once we looked to you for a progressive example on drug policy.

I will be writing about all this for the Chronicle later this week, as well as focusing on our other border with a feature article on the Obama administration's new initiative to thwart the Mexican so-called drug cartels.

Rethinking Federal Sentencing Policy

2009/06/24 - 4:30pm
2009/06/24 - 7:30pm

Congressional Black Caucus Justice and Civil Rights Taskforce and Charles Hamilton Houston Institute for Race & Justice at Harvard Law School presents Rethinking Federal Sentencing Policy: 25th Annive

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Canada: With Conservative Government Pushing Tough Crime Package, Liberal MP Responds With Marijuana Decriminalization Bill

The Conservative government of Canadian Prime Minister Stephen Harper has introduced a crime and drugs package it had hoped to quickly push through Parliament, but with opposition, the Liberals sta

Medical Marijuana: In Wake of Holder Comments, Federal Judge Postpones Sentencing of California Medical Marijuana Provider Charles Lynch

Charles Lynch expected to be sentenced to a mandatory minimum federal prison term Monday for operating a medical marijuana dispensary legal under state and local laws, but it didn't happen.

Sentencing: Rockefeller Drug Law Reform Deal Near, NY Times Says

The New York Times reported Thursday that a tentative agreement, on principle, to reform New York's drac

Families Against Mandatory Minimums: Knock down drug sentences!

Families Against Mandatory Minimums logo

Friends --

Great news!  The first bill of the new Congress to eliminate mandatory minimums for all drugs was introduced by Representative Maxine Waters (D-Calif.) on March 12, 2009.  

H.R. 1466, the Major Drug Trafficking Prosecution Act of 2009, seeks to repeal mandatory minimum sentences for drug offenders and to give courts the ability to determine sentences based on all the facts, not just drug weight. It would also refocus federal resources on major drug traffickers instead of low-level offenders.  There is currently no companion bill in the Senate.

We are excited about getting this legislation passed, but we can't do it without your help. It will take time and effort to make this bill become law.  The first step is to ask your representative to become a cosponsor of H.R. 1466. If they already are cosponsors, please take a moment to thank them. FAMM's action center gives you talking points to use in your letters and also lets you know if your representative is already on board. Click here to contact your representative now.

It won't be fast and it won't be easy, but by working together, with commitment and with focus, we can knock down mandatory minimum sentencing laws and insure that the punishment fits the crime once more. 

Thanks for getting involved today!

My best -

Julie 

Julie Stewart

President

Sentences that Fit. Justice that Works.

Urge Obama to commute like Lincoln!

Families Against Mandatory Minimums logo

 

Friends --

Today we celebrate the 200th anniversary of Abraham Lincoln’s birth.  While most people know that Lincoln freed the slaves and saved the Union, many don’t know that he was also one of the most generous presidents when it came to granting pardons and commutations.

In one term, Lincoln granted almost 400 commutations and pardons.  Lincoln gave clemency to everyday offenders, Southern sympathizers, draft dodgers, and wrongfully-charged Indians.  He had a weakness for weeping mothers who, in those days, could walk right into the White House and beg for mercy for their sons at the president’s knee.  As many of you know from personal experience, it’s not so easy to get a clemency request into the White House today, and it is much harder to get one granted. 

Lincoln also used clemency strategically, to inspire Congress to act.  At the end of the war, he pardoned ex-Confederates as a way of telling Congress to put differences aside and start rebuilding the country. 

Join us today in asking President Obama to do as Lincoln did:  to grant clemency generously and strategically.  By doing so, he will send a strong message to Congress that mandatory minimum sentencing laws are undermining American principles of justice and must be changed.  President Obama needs to know how much normal, everyday offenders and their families are counting on clemency, so help FAMM by writing to him now!   Click here to send a letter or email to President Obama.

My best,

Julie

Julie Stewart
President
Families Against Mandatory Minimums

Feature: Prisons Under Pressure -- Corrections Budgets in the Age of Austerity

If there are any silver linings in the current economic, fiscal, and budgetary disaster that afflicts the US, one of them could be that the budget crunch at statehouses around the country means tha

Feature: Obama's Appointees Raise Questions in the Drug Reform Community

Like other interest groups, the drug reform movement has the Obama transition under a microscope, searching for clues on the new administration's intentions as it scrutinizes those appointments for

Feature: Looking Forward -- The Prospects for Drug Reform in Obama's Washington

The political landscape in Washington, DC, is undergoing a dramatic shift as the Democratic tide rolls in, and, after eight years of drug war status quo under the Republicans, drug reformers are no

Feature: Sentencing Reform Initiative Defeated in California, "Tough on Crime" Initiatives Win in Oregon

Tough on crime can still trump smart on crime, if Tuesday's elections results on sentencing initiatives in two of the nation's most progressive states are any indication.

Feature: Drug Policy Reform and Sentencing Initiatives on the November Ballot

With election day little more than a month away, it is time for a round-up of drug policy reform initiatives facing voters in November.

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