By Ezekiel Edwards, ACLU Criminal Law Reform Project at 3:28pm
The Supreme Court ruled today that the Fair Sentencing Act of 2010 (FSA), which reduced the disparity in federal sentencing between crack and powder cocaine, applies to people whose offenses pre-date the law but who were sentenced after its passage. Read the opinion here.
The FSA was passed to correct the problems with the Anti-Drug Abuse Act of 1986, which created an unfair sentencing scheme that unequally punished comparable offenses involving crack and powder cocaine — two forms of the same drug – and resulted in racially biased sentencing. To remedy the fact that the 100:1 ratio was without penological or scientific justification, and that it resulted in black defendants suffering significantly harsher penalties than white defendants, Congress passed the FSA and reduced the ratio from 100:1 to 18:1. As we’ve written before, the new ratio is a step in the right direction, although the only truly fair and empirically sound ratio would be 1:1.
Today, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it's ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we've spotted from the previous week. Check back weekly for our top picks.
By Jesselyn McCurdy, ACLU Washington Legislative Office at 4:12pm
This month we commemorate the achievements of African-Americans, celebrate the legacy of those involved in the struggle, and rededicate our commitment to the work.
By Emma Andersson, Criminal Law Reform Project at 3:17pm
Today we filed a friend-of-the-court brief in two Supreme Court cases that deal with the Fair Sentencing Act of 2010 (FSA), which reduced the disparity between federal mandatory minimum sentences for crack versus powder cocaine from 100:1 to 18:1. As we’ve written before, this was a significant step in the direction of fairness.
By Emma Andersson, Criminal Law Reform Project at 3:21pm
There are hundreds of thousands of Americans serving outrageously long prison sentences for nonviolent drug offenses as a result of our nation’s widely discredited and inhumane "war on drugs." On Tuesday night, President Obama did something he had not yet done as president — he commuted someone's prison term. While we applaud President Obama’s decision to allow Eugenia Marie Jennings, a mother of three suffering from cancer who has served 10 years of her 22-year sentence for selling 13.9 grams of crack cocaine, to return to her family 12 years earlier than she otherwise would have, we hope this stands not as a mere isolated gesture of generosity but rather marks the beginning of an enduring, fundamental change in the president’s systemic approach to drug policy.
By Jesselyn McCurdy, ACLU Washington Legislative Office at 2:11pm
Today, Hamedah Hasan can finally apply for her freedom.
Hamedah has been locked up for 18 years serving a prison sentence she never deserved.
When she was 21 years old, she and her two daughters escaped an abusive relationship to live with her cousin. Feeling indebted to this cousin, who was involved in dealing crack cocaine, she agreed to run various errands and transfer money. Though Hamedah never used drugs herself, she was later indicted and convicted for conspiracy to distribute crack cocaine. Despite a previously clean record, the judge had no choice but to issue a life sentence, due to mandatory minimums for crack cocaine and the mandatory sentencing guidelines then on the books.
Ohio's legislature has not been the friendliest place for civil libertarians this year. Bills under consideration include the most restrictive photo identification requirements for voters, privatizing six of the state's prisons and some of the nation's most aggressive attacks on reproductive freedom.
However, there is one notable bright spot in Ohio's legislative session: the passage of criminal sentencing reform. The ACLU of Ohio has been on the front lines advocating for sensible sentencing reform that would alleviate the state's overcrowded prison system. After two decades of unfair sentencing laws sending more low-level, nonviolent offenders to prison, the state's prison system is at 133 percent capacity with a growing class of ex-felons who are unable to gain access to employment, education and housing.
By Dan Zeidman, ACLU Washington Legislative Office at 1:03pm
June 2011 marks the 40th anniversary of President Richard Nixon's declaration of a "war on drugs" — a war that has cost roughly a trillion dollars, has produced little to no effect on the supply of or demand for drugs in the United States, and has contributed to making America the world's largest incarcerator. Throughout the month, check back daily for posts about the drug war, its victims and what needs to be done to restore fairness and create effective policy.
