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As Pressure Mounts, Holder Acts on Sentencing Reform [FEATURE]

Submitted by Phillip Smith on (Issue #796)

US Attorney General Eric Holder announced Monday a comprehensive federal sentencing reform package with a strong emphasis on drug sentencing. He said he will direct US Attorneys that low-level, nonviolent drug offenders not tied to gangs or major trafficking organizations should not be charged in ways that trigger lengthy mandatory minimum sentences.

Attorney General Eric Holder (
Holder's announcement is only the latest indicator that -- after decades of "tough on crime" politics in Washington -- pressure is mounting to do something about the huge number of people in federal prisons. The Chronicle will be reporting on the rising calls for reform in both the executive branch and the Congress later this week.

In a major speech to the American Bar Association in San Francisco Monday morning, Holder laid out Obama administration sentencing reform plans, some of which can be implemented by executive action, but some of which will require action in the Congress. The comprehensive sentencing reform package is designed to reduce the federal prison population not only through sentencing reforms, but also through alternatives to incarceration in the first place.

"A vicious cycle of poverty, criminality and incarceration traps too many Americans and weakens too many communities," Holder said. "However, many aspects of our criminal justice system may actually exacerbate this problem rather than alleviate it. Too many Americans go to too many prisons for far too long and for no good law enforcement reason. We cannot simply prosecute or incarcerate our way to becoming a safer nation."

On drug sentencing, Holder said he would direct US attorneys across the country to develop specific guidelines about when to file federal charges in drug offenses. The heaviest charges should be reserved for serious, high-level, or violent offenders, the attorney general said.

There are currently more than 100,000 people incarcerated in federal prisons for drug offenses, or nearly half (47%) of all federal prisoners. The federal prison population has expanded an incredible eight-fold since President Ronald Reagan and a compliant Congress put the drug war in overdrive three decades ago, although recent federal prison population increases have been driven as much by immigration prosecutions as by drug offenses.

"It's time -- in fact, it's well past time -- to address persistent needs and unwarranted disparities by considering a fundamentally new approach," Holder told the assembled attorneys. "While I have the utmost faith in -- and dedication to -- America's legal system, we must face the reality that, as it stands, our system is in too many respects broken. The course we are on is far from sustainable. And it is our time -- and our duty -- to identify those areas we can improve in order to better advance the cause of justice for all Americans."

One of those areas, Holder said, is mandatory minimum sentencing.

"We will start by fundamentally rethinking the notion of mandatory minimum sentences for drug-related crimes.  Some statutes that mandate inflexible sentences -- regardless of the individual conduct at issue in a particular case -- reduce the discretion available to prosecutors, judges, and juries," said the former federal prosecutor. "Because they oftentimes generate unfairly long sentences, they breed disrespect for the system. When applied indiscriminately, they do not serve public safety. They -- and some of the enforcement priorities we have set -- have had a destabilizing effect on particular communities, largely poor and of color. And, applied inappropriately, they are ultimately counterproductive."

In addition to reducing the resort to mandatory minimum sentencing and directing prosecutors to use their discretion in charging decisions, Holder will also order the Justice Department to expand the federal prison compassionate release program to include "elderly inmates who did not commit violent crimes and who have served significant portions of their sentences."

Beside the executive branch actions, Holder also committed the Obama administration to supporting sentencing reform legislation currently pending before Congress, specifically the Justice Safety Valve Act (Senate Bill 619), which would give federal judges the ability to sentence below mandatory minimums when circumstances warrant, and the the Smart Sentencing Act (Senate Bill 1410), which would reduce mandatory minimums for drug crimes, slightly expand the existing drug sentencing safety valve, and apply retroactively the Fair Sentencing Act of 2010's reduction in the crack-powder cocaine sentencing disparity.

"Such legislation will ultimately save our country billions of dollars," Holder said. "Although incarceration has a role to play in our justice system, widespread incarceration at the federal, state and local levels is both ineffective and unsustainable."

Sentencing and drug reform advocates welcomed Holder's speech and the Obama administration's embrace of the need for criminal justice reforms, but also scolded the administration and lawmakers for taking so long to address the issue and for timidity in the changes proposed.

"For the past 40 years, the Department of Justice, under both political parties, has promoted mandatory minimum sentencing like a one-way ratchet. Federal prison sentences got longer and longer and no one stopped to consider the costs and benefits," said Julie Stewart, founder and head of Families Against Mandatory Minimums (FAMM). "Today, at long last, the politics of criminal sentencing have caught up to the evidence. The changes proposed by the Attorney General are modest but they will make us safer and save taxpayers billions of dollars in the process."

"There's no good reason, of course, why the Obama administration couldn't have done something like this during his first term -- and tens, perhaps hundreds, of thousands of Americans have suffered unjustly as a result of their delay," said Drug Policy Alliance executive director Ethan Nadelmann in a message to supporters. "But that said, President Obama and Attorney General Holder deserve credit for stepping out now, and for doing so in a fairly decisive way."

[See our related story this issue, "Is There a Perfect Storm for Federal Sentencing Reform?"]

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.


The Change Doe… (not verified)

While I am trying to be happy for people who will be affected.  I am finding it hard to  feel happy for them because I still live in my nightmare.  14 years ago my husband was sentenced to 24 1/2 years in federal prison for a drugless drug conspiracy case.  A drugless conspiracy case occurs when all of your drugs are determined off of snitch statements of individuals making deals with the Federal prosecutors Office to reduce their respective sentence.  Moroever, my husband is a non-violent low level offender with a very minor background and whom had never been to prison before

I am trying to be a happy person about this announcement but I can not be happy because I will still spend christmas in the visitation room as I have for the last 14 years.  I will continue to raise our son behind that wall has I have for the last 14 years.  We, our son and I, will listen for his voice to say happy birthday over the phone as he has for the last 14 years.  I will continue to wait patiently for his call that last only 15 minutes as I have for the last 14 years.  I will continue to fight back my tears every time the visit begins to come to an end. The CO states "15 minutes" until the end of visitation.  That's when reality sits back in and I realize that my husband is still imprisoned.  I will continue to hold my tongue every time a CO gives me a hard time about the minorest thing including does you shoe have a strap.  I want say anything because they control my ability to visit with my husband. 

What I will say to Mr. Holder and President Obama,  "What about us?"  Where is the help for the people that have been living this nightmare and will continue to live this nightmare because your changes want help us.  Aren't we not the reason for the changes but yet the change does not for us.


So, help me.

Mon, 08/12/2013 - 8:25pm Permalink
Tom Petty (not verified)

So you and your family are somehow "victims" in this case? BS .........your husband was dealing drugs and had a criminal past. Tough doodo

Thu, 08/15/2013 - 6:23pm Permalink
deeedeeee (not verified)

I truely understand its sad that when people get lock up and start talking what ever they say to get off the feds believe just keep god on your side and to the dumb ass its funny until the shit happen to you or some in your family if you must no with the feds can see you talking to someone and say you are a conspiracy so no what you are talking about 

Fri, 09/13/2013 - 11:03pm Permalink

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