Highlighting why dozens of commutations barely move the mass incarceration needle

President Obama's action to commute the sentences of 46 drug offenders yesterday (basics here) merits the label historic.  But, as two recent commentaries highlight, the decision seems more compelling than it is truly consequential given the massive size of the federal criminal justice population.  Here are links to and snippets from the pieces that provide important (and somewhat depressing) context for what the Prez did yesterday:

From Margy Love at The Crime Report, "Clemency is Not the Answer":

[T]he problem of unjust sentences is simply too large to deal with through the clemency mechanism. When Lyndon Johnson commuted 200 drug sentences in the 1960s, almost everyone then in prison who deserved relief got it, thanks to the staffing efforts of the Bureau of Prisons. Today, given the massive number of people prosecuted for federal drug crimes in the past 25 years, and the fundamental rethinking of federal drug sentences now underway, potentially deserving prisoners are legion.

Between 1990 and 2007, nearly 10,000 people were sentenced to prison terms of 30 years or more for crimes involving drugs or firearms. Twice that number received sentences of at least 20 years. Trying to produce useful and reliable advice for the President about more than a token number of these individuals is too great a burden for the DOJ’s Justice Department’s tiny pardon staff. But the President cannot be expected to put his reputation on the line on the basis of anything less.

In addition to the practical problems raised by trying to force so many prisoner petitions through an administrative bottleneck onto a busy President's plate, there are institutional reasons why executive clemency is the wrong tool for dealing with systemic problems in the penal system.

From Steven Nelson at U.S. News & World Report, "Obama's 46 Commutations Barely Scratch the Surface: Thousands more may die in prison for nonviolent crimes":

Obama said 14 of the people he’s granting freedom would have otherwise died behind bars. Precise numbers are unclear, but in 2013 the American Civil Liberties Union reported at least 3,278 people were serving life without the possibility of parole for nonviolent crimes. More than 2,500 of those cases involved drug crimes.

"[T]here still remain thousands of Americans languishing in prisons serving sentences that have been repudiated by both Congress and the president," said Rep. Steve Cohen, D-Tenn., a leading supporter of drug law reform. "I hope the president continues this push for justice for all of them.”

Beth Curtis profiles 14 other people on her website LifeforPot.com who are serving life sentences for nonviolent marijuana convictions, none of whom received clemency Monday. She vetted each to ensure they had no previous convictions involving violence or other drugs. Other sources have higher estimates for marijuana-specific life sentences. The Clemency Report says there were 54 sentences of life without parole between 1996 and 2014.

“Frankly, my belief is that there is no place for life without parole for any nonviolent drug offender,” says Curtis, whose brother John Knock is serving life in prison for a marijuana dealing conviction. “It's not fiscally responsible and the sentence doesn't fit the crime.” Michael Collins, policy manager at the Drug Policy Alliance, echoed other reformers, saying he welcomes the new commutations, but “we need much more action."

Prior recent related posts:

• "Obama Plans Broader Use of Clemency to Free Nonviolent Drug Offenders"
• Prez Obama commutes sentences for 46 federal drug prisoners (with a video message)