[31] Human Rights Watch, Decades of Disparity, p. 1. [1] The numbers have only worsened in recent years. Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. Many states facing unsustainable prison growth have enacted sentencing reforms to expand alternatives to incarceration and shorten sentences for non-violent offenders, with good results. In addition to excessive sentences, including lengthy probation terms, frequently with onerous conditions,[34] there is massive criminal justice debt and restrictions that impact ones ability to function within their families and communities. Congress has an opportunity to make transformative changes to drug policies that finally provide an equitable, compassionate, and sound solution to addressing the numerous concerns laid out in this testimony. As part of his guilty plea, Walker admitted that on February 12, 2022, he drove a rental vehicle from his residence in Elmira to Cortland, New York. [45], Criminalization has yielded few, if any, benefits. Shown Here: Introduced in Senate (03/25/2021) Smarter Sentencing Act of 2021. Defendant stole over $400,000 from her elderly uncle. [66] The Justice Roundtable, Transformative Justice: Recommendations for the New Administration and 117th Congress, November 2020, https://justiceroundtable.org/wp-content/uploads/2020/11/Transformative- Justice.pdf (accessed March 9, 2021), p. 44. 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. A locked padlock Allows reduced sentences to be retroactively applied for crimes a person committed under the age of 18 if they serve at least 20 years and are not an immediate danger to anyone. But those changes could take two drastically different directions. FOR IMMEDIATE RELEASE Friday, October 2, 2020 BOSTON A Dighton registered nurse 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. First Offense: Not more that 20 yrs. [35] Human Rights Watch, Every 25 Seconds, p. 2. 1600 Pennsylvania Ave NW Insofar as individual federal representations, the USSC Report may be helpful in negotiations with the AUSA when the case involves a prior simple marijuana possession charge. The USSC Report successfully identifies the unfairness of the current system where a cannabis possession conviction can mean a significantly enhanced sentence because of a higher criminal history calculation in the USSG. [56] Human Rights Watch, Every 25 Seconds, p. 13. WebAnother recent publication worthy of study by federal criminal defense lawyers is the new January 2023 report of the United States Sentencing Commission (USSC), written by The President also asked for expedited review of marijuanas scheduling under the CSA. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. The cost to the incarcerated individuals, their families, and communities, is devastating. Another recent publication worthy of study by federal criminal defense lawyers is the new January 2023 report of the United States Sentencing Commission (USSC), written by Vera M. Kachnowski, J.D., Christine Kitchens, M.A., and Cassandra Syckes, M.A., and entitled Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System (USSC Report). [27] Human Rights Watch also found stark racial disparities in arrest rates for drug possession even in the same state or city. Going After Drug Trafficking and Illicit Drug ProfitsLaw enforcement agencies at all levelsfederal, state, local, Tribal, and territorialwork to reduce domestic and international cultivated and synthetic drug production and trafficking with the goal of protecting Americans. Some want to make it easier for people to get out of prison. Created by the Sentencing Reform Act found within the Comprehensive Crime Control Act of 1984, the Supreme Court of the United States approved its authority in Mistretta v. United States, 488 U.S. 361, 109 S. Ct. 647, 102 L. Ed. United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration-New York Division, and Steven A. Nigrelli, Acting Superintendent of the New York State Police made the announcement. [29] The sheer magnitude of drug possession arrests means that they are a defining feature of the way certain communities experience and interact with police in the United States.[30]. 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. The cost of these arrests and incarcerations, however, extend far beyond individual experiences in the formal criminal justice system. Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. [59] In the 1980s state and federal legislators began to adopt tough on crime laws in response to rising crime rates, racial tensions, the emergence of crack cocaine, supposed threats to traditional values from counterculture movements, and fears of perceived increases in the numbers of immigrant and youth offenders. 10-13. [42] The harms experienced by people who use drugs, and their families and broader communities, as a result of the enforcement of these laws, may constitute additional, separate human rights violations. Nearly 70% of the nation's federal drug trafficking defendants will have their sentences reduced by an average of 11 months, thanks to recent amendments to U.S. federal sentencing laws for drug crimes by the U.S. Use the Drug Conversion Calculator to convert the quantity of up to three controlled substances at the same time to its converted drug weight. A bipartisan group of senators led by Senate Judiciary Committee Chairman Chuck Grassley (R-IA) and Dick Durbin (D-IL) on October 1, 2015 introduced comprehensive legislation aimed at recalibrating prison sentences for certain drug offenders, narrowing mandatory minimum sentences to target violent criminals, and granting judges greater discretion at sentencing for lower-level drug crimes. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. 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. [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. [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. 5283, the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (DUE PROCESS Act) by voice vote on May 25, 2016. For several years, the USSC has not been fully functional because it lacked the quorum necessary to act. Six months ago, that changed. All seven Biden appointees to the USSC were confirmed by the Senate. Read, At long last, we have a fully loaded USSC: Senate confirms all seven of Prez Bidens nominees to Sentencing Commission, published by Sentencing Law and Policy on August 4, 2022. WebFor certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. Include in any sentencing reform legislation provisions that ensure the new law will be applied retroactively to individuals who have already been sentenced. The federal prison population has increased nearly 800% since 1980 and more than doubled since 1994, with spending up 1700% over that period, and federal prisons are currently operating at 131% of capacity. [15] United States Centers for Disease Control and Prevention, Overdose Deaths Accelerating During COVID-19,: Expanded Prevention Efforts Needed, CDC press release, December 17, 2020, https://www.cdc.gov/media/releases/2020/p1218-overdose-deaths-covid-19.html (accessed March 9, 2021). The legislation also includes provisions to ban solitary confinement for juveniles, allows juveniles sentenced to life to seek a reduction in sentences after 20 years, and provides authority for expungement of juvenile records for most non-violent offenses. [63] Human Rights Watch, Nation Behind Bars, p. 1. 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. [20] Human Rights Watch, Every 25 Seconds, p. 4. This bill reduces statutory mandatory minimum penalties for certain drug offenses, requires reporting on the impact of cost savings from the reductions, and establishes a public database of federal criminal offenses. Harsh sentencing guidelines. The costs of these arrests and incarcerations extend far beyond individual experiences in the formal criminal justice system. [6] Drug possession arrests remain significant contributors to mass incarceration in the United States. The cost to those incarcerated, their families and communities, is devastating. 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