Mandatory Minimums
Sentencing Project Recommendations to U.S. Sentencing Commission
Posted in In the Trenches by David Guard on Tue, 09/01/2009 - 5:16pmDear 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
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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
Posted in Chronicle Blog by Phillip Smith on Tue, 06/09/2009 - 7:33pmThe 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
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
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
Feature: The Good, the Bad, and the Ugly -- New York Rockefeller Drug Law Reform on the Verge of Passage
A week ago today, New York Gov.
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!
Posted in In the Trenches by David Guard on Fri, 03/20/2009 - 6:21pm
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!
Posted in In the Trenches by David Guard on Fri, 02/13/2009 - 1:53pm
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
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