Also see:
AOL/Microsoft-Hotmail Preventing Delivery of Truthout Communications •
Go to Original
Crack-Sentencing Reductions Decried
By Darryl Fears
The Washington Post
Thursday 07 February 2008
Mukasey: gang members would be let go.
The Bush administration wants Congress to thwart a plan to give thousands of
federal crack cocaine offenders a chance to marginally reduce prison sentences
that are a hundred times more severe than those meted out for powder cocaine
offenses.
In a statement prepared for his scheduled appearance before the House Judiciary
Committee today, Attorney General Michael B. Mukasey said that unless Congress
acts, "1,600 convicted crack dealers, many of them violent gang members,
will be eligible for immediate release into communities nationwide" under
a decision by the U.S. Sentencing Commission.
"Retroactive application of these new lower guidelines will pose significant
public safety risks . . ." Mukasey said in the statement. "Many of
these offenders are among the most serious and violent offenders in the federal
system and their early release . . . would produce tragic, but predictable results."
The commission, an independent body created by Congress to set parameters for
people convicted of federal crimes, voted in December to retroactively apply
more relaxed sentencing guidelines to current inmates. The action was aimed
at offsetting a disparity between prison time meted out to those convicted of
possession or sale of crack cocaine and the sentences given for powder cocaine
crimes.
Nearly 20,000 inmates could be released over a span of seven to 10 years after
the plan takes effect March 3. Mukasey wants Congress to act in about three
weeks.
Under current law, possession of five grams of crack cocaine triggers the same
mandatory minimum sentence as possession of 500 grams of powder cocaine. Because
most crack cocaine offenders are black, and most powder cocaine offenders are
white and Latino, civil rights activists, some lawmakers and scores of judges
have said this disparity is discriminatory.
When the commission eased the guidelines in May, Congress had until November
to prevent them from going into effect. It declined to do so. After that, the
commission moved to apply the guidelines retroactively.
Supporters of the commission's action say the fears raised by Mukasey are overblown.
They note that inmates would have their petitions to be released heard by judges
who would consider filings from prosecutors and probation officers before determining
an offender's fitness to reenter society.
"I'm really kind of shocked that Attorney General Mukasey would seemingly
not have faith in the American judicial system to do all it can to ensure that
violent offenders are not released early and to address a fundamental injustice
in the criminal justice process," said U.S. District Judge Reggie B. Walton,
who presides in the District. "His position presupposes that judges will
be irresponsible in exercising their discretion."
The federal judiciary supported the Sentencing Commission, citing the law's
harsh impact on first offenders. It was joined by federal public defenders,
probation officers and activists.
Mukasey seemed to factor the criticism into his statement. "In calling
for action, I emphasize that we are not asking this committee to prolong the
sentences of those offenders who pose the least threat to their communities,
such as first-time, non-violent offenders."
The controversy over the sentence-reduction plan made its way into the presidential
campaign trail when it was brought up during a Dec. 1 debate between Democratic
candidates.
Sen. Hillary Rodham Clinton (N.Y.) said she was against making the guidelines
retroactive. "In principle, I have problems with retroactivity," she
said. "It's something a lot of communities will be concerned about, as
well."
Sen. Barack Obama (Ill.) wavered. "Even if we fix this, if it was a 1
to 1 ratio, it's still a problem that folks are selling crack. It's still a
problem that our young men are in a situation where they believe the only recourse
for them is the drug trade."
-------
Jump to today's Truthout Features:
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. t r u t h o u t has no affiliation whatsoever with the originator of this article nor is t r u t h o u t endorsed or sponsored by the originator.)
"Go to Original" links are provided as a convenience to our readers and allow for verification of authenticity. However, as originating pages are often updated by their originating host sites, the versions posted on TO may not match the versions our readers view when clicking the "Go to Original" links.
Print This Story
E-mail This Story