The New York Times published an editorial calling on lawmakers in Washington D.C. to do away with all federal mandatory minimum prison sentences. The editorial cited this report from the U.S. Sentencing Commission, one which many negative things to say about the sentencing practice.
The Sentencing Commission’s report was over 600 pages long, so to provide a quick summary is nearly impossible. However, the report criticized mandatory minimum sentences for being excessively severe in many cases and not always applied consistently. They pointed out that 75% of people sentenced under mandatory minimums are convicted of drug trafficking offenses; crimes that pose less of a public safety risk than violent crimes, for instance.
This is just the latest criticism to come against the hulking giant that is the United States prison system. Federal prisons are 37% over capacity, after their populations have near tripled in the last 20 years. This climb is due, at least in part, to mandatory minimums and other harsh sentencing practices. After all, crime is actually down in most states across the country.
Another issue with mandatory minimum sentences is the way in which they are applied. Judges can make “downward departures”, reducing the prescribed sentence under certain circumstances. However, African Americans fall short of the requirements for these departures, contributing to the serious racial disparities in United States prisons. “Only 39 percent (of African Americans) qualified for a reduction compared with 64% of whites.”
The NYT editorial states, “Given the well-documented unfairness, Congress needs to rescind all mandatory minimum sentences.” While the editorial is likely on to something, it’s a long shot at this point to call on lawmakers to make this kind of major change, particularly when going into an election year.
The Sentencing Commission is made up of 3 Democrats and 3 Republicans and is a symbol for what’s happening with lawmakers’ opinions on the criminal justice system. Criminal justice reform, the relaxing of sentencing practices and enforcement have largely been the cause of progressives and a fringe-few on Capitol Hill. Now, however, spurred in part by the economic climate change in recent years, lawmakers from all sides are recognizing the need for changes.
While the time may be riper now than ever, it will likely be at least several years before we see mandatory minimums completely repealed. As a whole, the American people still see people convicted of criminal offenses in a “we vs. them” mentality. They are still led to believe that we need protecting from the “bad guy” and that that bad guy is anyone who has been charged and convicted of a crime.
Many of us know this simply isn’t true, however, and work towards helping those accused of a crime in getting the fair treatment they deserve.
About David Matson