By Meghan Groob, Media Relations Associate, ACLU at 3:11pm
It's a rare day in Washington when Sen. Rand Paul (R-Ky.) and Sen. Patrick Leahy (D-Vt.) agree on anything. So when I heard earlier this week that Paul and Leahy introduced a bill together that gives judges more discretion on mandatory minimum sentences, I had to check my calendar to make sure it wasn't April 1.
Even in today's hyper-partisan era, it seems there's at least one thing people on both sides of the aisle can agree on: our country's one-size-fits-all sentencing practices just don't make sense.
Wisconsin and Minnesota are very similar states with very different approaches to marijuana possession. The two states have roughly the same number of people and similar demographics, but Wisconsin arrests twice as many people for marijuana possession. Which makes for an interesting question: what might happen if Wisconsin cut its marijuana possession arrests in half?
By Carl Takei, ACLU National Prison Project at 3:02pm
Across the country, cash-strapped cities and counties are throwing poor defendants in jail for failing to pay legal debts that they can never hope to manage. On Monday, the New York Times told the story of Gina Ray, whose $179 speeding ticket mushroomed into $3,170 in fines and fees and 40 days in jail when she couldn’t afford to pay it. Gina is one of many swept up in America’s new debtors’ prisons, a growing problem nationwide.
By Rebecca McCray, ACLU Criminal Law Reform Project at 4:05pm
Like many who suffer from addiction, Cameron Douglas’ path to recovery has not been without setbacks. Currently incarcerated in federal prison on a five-year sentence for drug distribution and heroin possession, the 33-year-old son of actor Michael Douglas has struggled with substance abuse since his twenties. In December, Douglas made headlines when a federal judge sentenced him to Read More»
By Jesselyn McCurdy, ACLU Washington Legislative Office at 4:18pm
Talk about worrying about the symptom instead of the cause: Attorney General Eric Holder recently sent a letter to Sen. Barbara Mikulski (D-MD), Chair of the Senate Appropriations Committee, warning of the devastating effect budget cuts will have on the Federal Bureau of Prisons (BOP) if sequestration moves forward. If no deal is reached by March 1, the BOP will face a 5% reduction in staffing levels. His letter paints a scary picture:
As states begin to realize that they can reduce their prison populations safely, the pace of reform has begun to pick up a bit this year. State legislative sessions are coming to a close, which makes it a good time to review the actions lawmakers have taken to reduce their unsustainable prison populations in 2012. Here are the some of the legislative reform highlights:
Alabama
Faced with a system of overcrowded prisons and fearing the same sort of court order that forced California to reform its prison system, Alabama took an indirect route toward depopulating its prisons. The state passed SB 386 inMay, which will allow the Alabama Sentencing Commission to set sentencing guidelines for nonviolent crimes that judges would generally have to follow. Under the new law, the Commission can make sentencing changes for nonviolent crimes, which will take effect unless the legislature takes action to reject any such the changes. The Sentencing Commission, which is insulated from the electoral pressure to reject proposals to soften criminal sentences, may now be poised to take action to reduce prison sentences for nonviolent offenses.
By Dan Zeidman, ACLU Washington Legislative Office at 5:51pm
Over the last 30 years, the population of the federal prison system has increased exponentially – nearly 800 percent – largely due to the overrepresentation of those convicted of drug offenses, many of whom are low-level and non-violent. Today, a record 218,000 people are confined within Federal Bureau of Prisons (BOP) operated facilities or in privately managed or community-based institutions and jails.
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.
