The Honorable Howard Coble
Chair, Judiciary Committee
Crime, Terrorism, and Homeland Security Subcommittee
House of Representatives
Washington, DC 20515
The Honorable Robert C. Scott
Ranking Member, Judiciary Committee
Crime, Terrorism, and Homeland Security Subcommittee
House of Representatives
Washington, DC 20515
Sign-on Letter regarding Mandatory Minimum Sentences in H.R. 1279, The Gang Deterrence and Community Protection Act of 2005 scheduled for markup by the House Judiciary, Crime, Terrorism and Homeland Security Subcommittee on April 12.
Dear Representatives Coble and Scott:
The undersigned organizations write to oppose the numerous mandatory minimum sentences in H.R. 1279, Gang Deterrence and Community Protection Act of 2005, which is scheduled for markup on April 12. H.R. 1279 includes various mandatory minimums sentences for a broad category of offenses that are labeled ""gang crimes"" and numerous other offenses. Under this bill, the mandatory minimum sentences for these crimes will range from 5 to 30 years. Although the offenses are serious and individuals who are convicted should be properly held accountable, mandatory sentences often prevent judges from determining the appropriate punishment. When judges are restricted by mandatory sentences, they cannot assess an individual's culpability during the crime or other factors that have bearing on recidivism, thus resulting in inappropriate sentences.
Although mandatory minimums were intended to reduce the racial disparities that were associated with indeterminate sentencing, in practice they exacerbate and mask such disparities by shifting discretion from the judge to the prosecutor. Prosecutors retain the power to plea bargain by offering defendants plea agreements that avoid the mandatory penalty. Studies have shown that this discretion results in a disparity in sentencing outcomes based largely on race and quality of defense attorney. In 1999, 39 percent of those receiving mandatory sentences were Hispanic, 38 percent were African American, and 23 percent were white.[1] Hispanics comprised 44 percent of those subject to five-year mandatory sentences in 1999, 37 percent of the 10-year mandatory sentences, 20 percent of the 20-year mandatory sentences and 8 percent of the mandatory life sentences. [2] African American defendants made up 30 percent of those subject to five-year mandatory sentences in 1999, 43 percent of the 10-year mandatory sentences, 60 percent of the 20-year mandatory sentences and 80 percent of the mandatory life sentences.
Respected members of the judiciary have also expressed concerns about limiting the sentencing discretion of federal judges. On March 17, 2004, Supreme Court Justice Anthony Kennedy testified before the House Appropriations, Commerce, Justice, State and Judiciary Subcommittee that ""the mandatory minimum sentences enacted by Congress are, in my view unfair, unjust, and unwise.""[3] In an August 2003 speech to the American Bar Association Justice Kennedy stated he ""can accept neither the necessity nor the wisdom of federal mandatory minimum sentences.""[4] Justice Kennedy is appropriately concerned about the path we are going down in the context of sentencing discretion in federal courts.
While many organizations around the country are disturbed that the popularity of gangs may be resurging in this country, we do not believe the way to address the reasons young people join gangs is to enact a slew of new mandatory minimum sentences. We call on Congress to eliminate the mandatory minimum sentences in H.R. 1279 and to support effective efforts to prevent youth from getting involved with gangs. Please feel free to contact any of the undersigned organizations; we look forward to working with you on this matter.
Respectfully Submitted,
Kevin F. Ryan
Chair of Information and Public Policy Section
Academy of Criminal Justice Sciences
Tyrone Parker
Executive Director
Alliance of Concerned Men
Laura W. Murphy
Director
American Civil Liberties Union
Washington Legislative Office
Michael Israel
Editor
Criminal Justice Washington Letter
Troy M. Dayton
Associate Director
Interfaith Drug Policy Initiative
Wade Henderson
Executive Director
Leadership Conference on Civil Rights
Alexa Eggleston
Director of National Policy
Legal Action Center
Steve Fox
Director of Government Relations
Marijuana Policy Project
Barry Scheck
President
National Association of Criminal Defense Lawyers
Janet Murguia
President and CEO
National Council of La Raza
Angela Maria Arboleda
Civil Rights Policy Analyst
National Council of La Raza
Charlie Sullivan
Executive Director
National CURE (Citizens United for Rehabilitation of Errants)
Eddie Ellis
President
NuLeadership Policy Group
Rob Keithan
Director of Washington Office for Advocacy
Unitarian Universalist Association of Congregations
Charles Thomas
Executive Director
Unitarian Universalists for Drug Policy Reform
cc: House Judiciary Committee
Footnotes
[1] Testimony of John Steer, vice chair, U.S. Sentencing Commission, before the House Governmental Reform Subcommittee on Criminal Justice, Drug Policy and Human Resources, May 11, 2000
[2] Id.
[3] CQ Today, ""Supreme Court Justice Complains About Mandatory Minimum Prison Terms,"" Thursday March 18, 2004 [4] ""Rehnquist Slams Congress Over Reducing Sentencing Discretion"", www.cnn.com (January 7. 2004)