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October 4, 2015

"Toward Saner, More Effective Prison Sentences"

The title of this post is the headline of this New York Times editorial discussing the Sentencing Reform and Corrections Act of 2015 (SRCA 2015) introduced by US Senate leadership late last week. Here are excerpts:

The sentencing reform bill introduced in the Senate on Thursday falls far short of what is needed, but it is a crucial first step on the long path toward unwinding the federal government’s decades­long reliance on prisons as the answer to every ill....

Among the most significant are those that would reduce mandatoryminimum sentences for many drug crimes.  These sentences are jaw-droppingly long — from five years for a first offense up to life without parole for a third.  The new bill would cut the life sentence to a 25­year minimum, and would cut the 20­year sentence for a second offense to 15 years.

These may seem like minor tweaks to pointlessly long sentences, and for the most part they are.  But when half of all federal inmates are in for drug crimes, even small changes can make a real difference.

In addition, the bill would give federal judges more power to impose sentences below the mandatory minimum in certain cases, rather than being forced to apply a strict formula. This would shift some power away from prosecutors, who coax plea deals in more than 97 percent of cases, often by threatening defendants with outrageously long punishments.

Other provisions would give more inmates the chance to earn early release by participating in educational and other rehabilitative programming; seal or expunge juvenile records, so people are not burdened for life because of crimes they committed when they were young; and make it easier for older inmates to seek early release — a smart idea because they are by far the costliest to keep imprisoned and the least likely to commit new crimes.

Finally, and critically, many parts of the bill are retroactive, which means thousands of current federal inmates could benefit immediately.  In particular, 6,500 prisoners are still serving time under an old law that punished crackcocaine offenses far more severely than powder­cocaine offenses.  When the law was altered to reduce the disparity in 2010, the change applied only to new cases, leaving thousands of inmates serving unjustly long sentences for no good reason....

So much of American sentencing policy has been driven by irrational, fact­free scare­mongering.  This new bill would, at the very least, provide volumes of data that could show — as other legislative efforts have already shown — that it’s possible to reduce both prison populations and crime at the same time.

Recent prior related posts:

October 4, 2015 at 10:05 PM | Permalink

Comments

NYT? Dismissed.

Posted by: Supremacy Claus | Oct 5, 2015 4:39:54 AM

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