Orders Prosecutors to Remove Any Reference to Quantities Of Illicit Drugs that Trigger Mandatory Minimums And To Apply Provision to Pending Cases
Bipartisan Support Grows In Congress for Overhauling U.S. Drug Laws
Attorney General Eric Holder and the Obama administration are continuing to push for reforms of draconian drug sentencing policies that have led the U.S. federal prison population to skyrocket over the past three decades. The White House announced that they will curtail federal mandatory minimum drug laws by ordering prosecutors to remove any references to specific amounts of illegal drugs that trigger mandatory minimum sentences. Holder also ordered prosecutors to refile charges against defendants in pending cases and to apply the new policy to defendants who are already in the system but have not yet been sentenced.
“I must say I’m impressed at the speed and specificity with which Mr. Holder has followed up on last month’s comments,” said Ethan Nadelmann, executive director of the Drug Policy Alliance. “This looks like a major good faith effort to reform federal drug sentencing laws as much as possible given the constraints of federal law and judicial prerogative over sentencing.”
According to the New York Times, the policy applies to defendants who meet four criteria: their offense did not involve violence, the use of a weapon, or selling drugs to minors; they are not leaders of a criminal organization; they have no significant ties to large-scale gangs or drug trafficking organizations; and they have no significant criminal histories.
“In my case, the judge said he didn’t want to give me such a long sentence but his hands were tied,” said Anthony Papa, media manager at the Drug Policy Alliance, who served 12 years under New York’s Rockefeller drug laws before receiving clemency from the governor. “Mandatory minimums are a costly and counterproductive cookie-cutter approach that binds a judge’s ability to apply a meaningful sentence that will address the offense and provide for public safety.”
This follows up on Holder’s announcement in August of major federal sentencing changes, including dropping the use of mandatory minimum sentencing in certain drug cases, expediting the release of certain nonviolent elderly prisoners, leaving more offenses to state courts to deal with, and working with Congress to pass bi-partisan sentencing reform.
On Wednesday, a U.S. Senate Judiciary Committee hearing built support for bipartisan legislation in Congress, sponsored by likely 2016 Presidential candidate Sen. Rand Paul (R-KY) and Judiciary Committee Chairman Sen. Patrick Leahy (D-VT).
“It’s past time for Congress to take action and end the draconian practice of mandatory minimum sentencing,” said Jasmine Tyler, deputy director of national affairs for the Drug Policy Alliance. Tyler spoke on a Congressional Black Caucus panel yesterday with AG Holder as he announced the new directives.
“Feeling the pinch of bloated prison budgets over the last several years, states like Texas and New York have saved taxpayer dollars by reducing incarceration and providing opportunities for individuals to rebuild their lives,” added Tyler. “The White House’s new direction will put increased pressure on more states to follow suit, given that the vast majority of people sentenced to mandatory minimums are not in the federal system.”
The Drug Policy Alliance urges the Obama Administration to support bi-partisan sentencing reform legislation in Congress, such as:
The Obama Administration could also take more direct steps, such as: