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June 17, 2015

Constitution Project gets 130 former judges, prosecutors and law enforcement officials on letter advocating for SSA

Download (6)As reported here by The Constitution Project, "former judges and prosecutors from across the country are urging Congress to adopt the Smarter Sentencing Act."  Specifcally, The Constitution Project organized "130 former judges, prosecutors and law enforcement officials" to sign this notable letter "delivered to members of the House and Senate Judiciary Committees on June 16."

As The Constitutional Project notes, included among "those signing the letter are Judge William S. Sessions, former director of the FBI; former state attorneys general from Illinois, Pennsylvania, Tennessee and Virginia; and former state Supreme Court justices from Florida, Georgia, Mississippi, Montana and Texas."  And here is how the letter gets started:

As former judges, prosecutors and law enforcement officials, we write to express our support for critical reforms to federal sentencing contained in the Smarter Sentencing Act of 2015 (SSA), S.502/H.R.920.  This bill is an important step in promoting public safety and addressing unintended and expensive consequences of existing federal sentencing laws.

Nationwide, law enforcement has made significant progress in curbing violent crime in our communities.  At the federal level, we trust Congress to address the parts of our sentencing policies that are simply not working.  Presently, mandatory minimum drug sentences unnecessarily apply to a broad sweep of lower level offenders.  These include low-level, nonviolent people whose involvement in the offense is driven by addiction, mental illness, or both.  Drug offenders are the largest group of federal offenders sentenced each year, now comprising nearly half of the federal prison population. Moreover, individuals most likely to receive a mandatory minimum sentence were street-level dealers, not serious and major drug dealers, kingpins, and importers.  Indeed, of the 22,000 federal drug offenders last year, only seven percent had a leadership role in the crime and 84 percent did not possess or use guns or weapons.  The U.S. Sentencing Commission and other experts have found little deterrent value in sentencing low-level offenders to lengthy mandatory minimum prison terms.

Additionally, over the past three decades, our spending on federal incarceration has increased by over 1100 percent.  Despite this massive investment by taxpayers, federal prisons are now at 128 percent of their capacity, undermining staff and inmate safety and prisoner rehabilitation, as well as reducing the resources available for law enforcement and crime prevention. Incarceration and detention costs have nearly doubled over the last ten years, with the Bureau of Prisons’ (BOP) budget at its current level of $7.2 billion in the President’s Fiscal Year 2016 budget request.  As a nation, we are expending enormous amounts of money, but failing to keep pace with our growing prison population.

Maintaining the status quo in federal sentencing policy is both fiscally imprudent and a threat to public safety.  We are deeply concerned that spending on incarceration has jeopardized funding for some of our most important law enforcement priorities.  The BOP budget now accounts for approximately a quarter of the U.S. Department of Justice’s (DOJ) discretionary budget, potentially undermining other DOJ law enforcement priorities. Indeed, in 2014, the BOP’s budget grew at almost twice the rate of the rest of the Department of Justice.  With more resources going to incarcerate nonviolent offenders, funding for federal investigators and prosecutors is threatened. U.S. Attorneys’ Offices and the Drug Enforcement Administration have already lost hundreds of positions and resources for state and local law enforcement have significantly decreased.  Law enforcement will continue to maximize its resources to keep our communities safe, but Congress created our sentencing scheme and needs to act to help solve these problems

June 17, 2015 at 11:21 AM | Permalink

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