Additional legislative proposals that can contribute to reducing the excessive punishment brought on by the war on drugs, which Congress should undertake and pass, include: Thank you for the opportunity to submit this testimony. The plan was flawed. Sentencing Commission provide judges recommended minimum and maximum terms for federal crimes. [31] It is actually more than just the burden of drug arrests. The House just passed Sen. Cory Bookers EQUAL Act by a bipartisan vote, with the Biden administrations endorsement. The Senate Judiciary Committee held a hearing on S. 2123 October 19. H.R.3713 has 21 cosponsors and has been jointly referred to the House Judiciary and House Energy and Commerce Committees. 9 Once an inmate reached the new date of parole eligibility, the inmate would proceed through the normal United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration-New An error occurred while subscribing your email address. Department of Justice U.S. Attorneys Office District of Massachusetts. On October 6, 2022, President Joseph Biden granted a pardon to current U.S. citizens and lawful permanent residents convicted of the federal offense of simple possession of marijuana. [36] Human Rights Watch, Every 25 Seconds, p. 2. Get the world's top human rights news, straight to your inbox. More broadly, because Black communities have been the principal targets in the war on drugs, the burden of drug arrests and incarceration falls disproportionately on Black people, their families, and neighborhoods. It instructs federal agencies to prioritize actions that will save lives, get people the care they need, go after drug traffickers profits, and make better use of data to guide all these efforts. This, of course, flies in the face of the continued classification of marijuana as a Schedule I controlled substance under the federal Controlled Substances Act (CSA) (21 USC 802. [1] Human Rights Watch and the American Civil Liberties Union, Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States (New York: Human Rights Watch, 2016), https://www.hrw.org/report/2016/10/12/every-25-seconds/human-toll-criminalizing-drug-use-united-states 2016, p. 2. In Texas, there are mandatory minimum sentences for someone found guilty of a federal drug crime. (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the [32] A fresh and evidence-based rethinking of the drug war paradigm that includes moving away from criminalization of simple drug possession is needed. The cost to those incarcerated, their families and communities, is devastating. Arrest Statistics Say No, New York Times, November 5, 2019, https://www.nytimes.com/2019/11/05/upshot/is-the-war-on-drugs-over-arrest-statistics-say-no.html(accessed March 9, 2021). The President also asked for expedited review of marijuanas scheduling under the CSA. Some want to make it easier for people to get out of prison. The new sentencing commission chair, Carlton Reeves, said during a public hearing in October that setting new guidelines for compassionate release is a top priority. [57] Human Rights Watch, Every 25 Seconds, p. 13. For example, some states still have legal barriers that limit access to naloxone, and even in states where those barriers dont exist, naloxone does not always make it to those most at-risk of an overdose. It also creates a process by which people with federal marijuana convictions can have their records for these convictions expunged, in some cases automatically, or can be resentenced. [22] What is needed, particularly in this historic moment where we have come face to face with issues of racial and economic disparities, is a comprehensive approach to ending the failed policies of the war on drugs and addressing the economic, social, and health needs of communities, disproportionately impacted by them, largely Black and brown. 0 [61] Specifically, for most of the past century,[62] Congress and state legislatures simultaneously adopted harsher sentencing laws, including mandatory minimums and habitual offender statutes.[63]. Webthese crimes, New Jersey would take a significant step towards addressing the lack of proportionality in the States sentencing laws and help undo a system of mass incarceration 8 2019 Commission Report, at 1-2. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. I have worked as both a civil and human rights attorney and advocate on criminal justice issues for over a decade, including the interconnected issues of reform, drug policy and racial justice as they relate to the criminal justice system. Congress should follow in Oregons footsteps by prioritizing an effort to end the criminalization of possession of drugs for personal use, and shift resources from the policing of drug use toward access to evidence-based treatment and other voluntary supports for people who struggle with substance use disorder. At sentencing, scheduled for June 21, 2023, Walker faces at least 10 years and up to life in federal prison, a maximum fine of $10,000,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. The bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences, a provision that would make an estimated 6,500 federal prisoners sentenced prior to the change in law eligible to petition for sentence reduction. Nonetheless, other states across the country criminalize drug possession and enforce those laws with high numbers of arrestsas of 2019, more than 86 percent of drug arrests were for simple possession. 15-CR-00449-RSH-2. An additional 14.7 percent of the marijuana priors were assigned two points under 4A1.1(b), which applies to prior sentences of at least 60 days imprisonment, and 6.0 percent of the marijuana priors were assigned three points under 4A1.1(a), which applies to prior sentences of imprisonment exceeding one year and one month. [56] On the contrary, it requires a more direct focus on effective measures to reduce the harms associated with problematic drug use, and providing voluntary access to treatment and support for those who struggle with it. Defendant was convicted of one count of conspiracy to distribute 50 grams or more of methamphetamine or 5 grams or more of actual, pure methamphetamine, two counts of distribution of heroin, and one count of distribution of heroin and methamphetamine. An official website of the United States government. At the same time, in the wake of the COVID-19 pandemic, the debate about what constitutes extraordinary and compelling reasons for compassionate release took center stage across the nation with differing results. After decades of tough on crime policies, there is growing recognition in the US that governments need to undertake meaningful criminal justice reform and that the war on drugs has failed. The costs of these arrests and incarcerations extend far beyond individual experiences in the formal criminal justice system. [25] Data has consistently shown that Black and white adults use illicit drugs and marijuana at similar rates. Human Rights Watch is not aware of any empirical evidence that low-level drug possession defendants would otherwise go on to commit violent crimes. The law will allow courts to grant probation or suspend sentences a practice currently prohibited by state law for people convicted of nonviolent drug offenses and [3] More than one of every seven arrests by state law enforcement is for simple drug possession. At the center of this debate is early release. Over-reliance on prison is fiscally unsustainable and has imposed a burdensome human toll and a disparate impact on African-American and Latino persons and communities. S. 2123, the Sentencing Reform and Corrections Act of 2015 (SRCA), is also sponsored by Senators John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), Charles Schumer (D-NY), Lindsey Graham (R-SC), Patrick Leahy (D-Vt.), Cory Booker (D-N.J.) and Tim Scott (R-SC). Call the Law Office of Patrick J. McLain, PLLC at (214) 238-9392 to schedule your initial consultation. [18], More broadly, the war on drugs has contributed significantly to the problem of mass incarceration in the United States. The current mandatory minimum sentences were enacted in a 1986 drug bill. Senate Majority Leader Mitch McConnell (R-KY) has maintained for several months that he will not schedule the bill for floor action until it gains broader Republican support. Next Post: Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of Micronesia, Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of, https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/21/fact-sheet-white-house-releases-2022-national-drug-control-strategy-that-outlines-comprehensive-path-forward-to-address-addiction-and-the-overdose-epidemic/?utm_source=link, Office of the United States Trade Representative. Elmira Man Pleads Guilty to Federal Drug Crime. Comments are moderated and these will not be published. The legal distinction between marijuana and fentanyl, for instance, can be difficult for any federal criminal defense lawyer to explain to their client and the clients loved ones. Even more so with the current law enforcement focus upon fentanyl arrests and prosecutions at both the state and federal level. See, e.g., Fentanyl Charges Under Federal Law: Felonies And Range Of Sentencing and Texas Governors Designation of Mexican Cartels As Terrorist Organizations: Criminal Defense Perspective. Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines. Essentially, the USSG consider two components to establish the sentencing guideline range: (1) the criminal history of the individual who has been charged and (2) the seriousness of the offense(s) itself. Read An Overview of the Federal Sentencing Guidelines published by the USSC. Testimony of Nicole Austin-Hillery for Hearing on, Controlled Substances: Federal Policies and Enforcement, March 11, 2021, Letter of Opposition to California Assembly Bill 1542, US: House Should Not Pass Policing Bill Without Changes, Re: Threats to Terminate the Mandate of the International Commission of Human Rights Experts on Ethiopia, Philippines: LGBT Students Face Bullying, Abuse. You have JavaScript disabled. The White House [59] Human Rights Watch, Nation Behind Bars: A Human Rights Solution (New York: Human Rights Watch, 2014), https://www.hrw.org/news/2014/05/06/us-nation-behind- bars#:~:text=The%2036%2Dpage%20report%2C%20%E2%80%9C,highest%20reported%20rate%20of%20incarcerat ion, p. 3. Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. WebThe Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. Share this via LinkedIn BOSTON A Saugus woman was convicted today by a federal jury in Boston in connection with a scheme to [58], Almost 30 years of harsh sentencing laws have left the US with over 2.2 million people behind bars. These provisions would allow qualifying inmates to earn reduced sentences through participation in recidivism reduction prison programs including work, job training, drug treatment and faith-based activities. From Guilty Plea to Sentencing Hearing in a Drug Case, Prosecutors Have Standards to Follow: the Federal Principles of Prosecution. [23] The criminalization of drug possession has served as an excuse over the last several decades for authorities to significantly increase the presence of police in these communities and enforce laws on simple drug possession in racially discriminatory ways. The Commission is appreciative of the feedback it has received from all corners of the federal sentencing community, stated Reeves. The criminalization of drug possession for personal use is also inherently problematic because it represents a restriction on individual rights that is neither necessary nor proportionate to the goals it seeks to accomplish. The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. %PDF-1.6 % Specifically, at the federal level, the implementation of mandatory minimums, along with harsh sentencing guidelines, has severely lengthened federal prison sentences and contributed to an over 500 percent increase in the current prison population since 1980. [23] Human Rights Watch, Decades of Disparity: Drug Arrests and Race in the United States (New York: Human Rights Watch, 2009), https://www.hrw.org/report/2009/03/02/decades-disparity/drug-arrests-and-race-united-states, pp. In addition to reducing prison terms for certain offenders through sentencing reform, the bill includes provisions from the prison reform CORRECTIONS Act introduced by Senators Cornyn and Whitehouse. [9] Criminalizing simple drug possession has caused dramatic and unnecessary harms around the country, both for individuals and for communities that are subject to discriminatory enforcement. Michael Lowe. It also subjects them to discrimination and stigma. These one-size-fits-all punishments allow prosecutors to strong-arm guilty pleas and severely punish anyone who chooses to go to trial. The U.S. But those changes could take two drastically different directions. 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