Running head: SENTENCING MATTERS

Sentencing Matters

Elise E. Brown

Legal Studies Academy

First Colonial High School

December 12, 2016

Abstract

The Court and Rehabilitation systems are in need of reforming among various prisons

that cause problems with the state budget. The statistics of the problem and the current laws for

drug crimes guidelines need reforming. Because, sentencing matters. Current events are

happening today and exemplified in the Sentencing Matters. Is a nonviolent crime worth a life

sentence? Sentencing Matters addresses the fact is most state prisons only have rehabilitative

programs to help the overpopulated prison atmosphere.

Sentencing Matters

Over the last few decades, weve locked up more and more nonviolent drug offenders

than ever before, for longer than ever before, Obama stated at an NAACP conference. (2016).

The qualities of a unbiased and forthright justice system should take in account the

distinguishable needs of society, while taking into the account of the offenders needs. (Tonry,

1997). Minimum sentencing among nonviolent offenders has no place in a fair and just court

system. Time served is an issue needed to be addressed. The standing for time served is

becoming equivalent of a life sentence minus the parole. (Tonry, 1997). Mandatory life

sentences are given to people who commit murder in the rule of law. Nonviolent drug crimes

should not be judged at the upper categories crime standards. For some time the guidelines have

barely changed. (Spencer, 1995).

The system is used by the same thought pattern because of those who were in charge. Mandatory

sentences should depend on the category of the crime. Nonviolent drug crimes, fraud, petty

larceny and any crime without a wrongful death should not have a mandatory sentence involved.

(Fairly, 2016). Congress draw out lengthy mandatory penalties and hoped that current or

potential offenders would be deterred from committing a drug offenses but,

a first time-offender, having no prior convictions should not receive a mandatory life sentence.

Sentencing and Rehabilitation policies should be reformed based on the amount of repeat

offenders.

Court Systems

Senator Mike Lee introduced a bill to Congress labeled Smarter Sentencing Act of

2015 in (2015). The bill calls for the Courts to institute a sentence for controlled substance

crimes without a mandatory minimum sentence but, if the court finds any prior record of the

defendant that exceeds a category two then the law is expunged for them. The case then proceeds

to the regular and present guidelines used for drug involved crimes. The U.S. Sentencing

Commission would review and amend its guidelines and policy statements applicable to persons

convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and

to consider specified factors, including: its mandate to formulate guidelines to minimize the

likelihood that the federal prison population will exceed federal prison capacity, and the need to

reduce and prevent racial disparities in sentencing.( Lee, 2015).

I recently had a interview with Debra Fairly, a retired professor from Sojourner-Douglass

College, (2016) believes mandatory sentencing should only be applied to harsh violent crimes;

such as gun involved drug crimes, murder, manslaughter, kidnap, rape cases. Mandatory

sentences should depend on the category of the crime. Nonviolent drug crimes, fraud, petty
SENTENCING MATTERS 5

larceny and any crime without a wrongful death should not have a mandatory sentence involved.

(Fairly,2016) The Disparity of the legal system in sentencing involving people of color Black

is gravely disproportionate as opposed to for others.

The since the War on Drugs the sentencing time for both for nonviolent and violent

crimes have gone up and havent been innovated since. The Law Enforcement has not caught the

main leaders, of the drug conspiracy, so the sentences remain elongated affecting low level petty,

nonviolent crimes. The system is used by the same thought pattern because of those who are in

charge. (Fairly,2016) Heavy prison sentences for drug crimes are only one of many reasons why

the United States has by far the highest incarceration rate in the world. (Roeder, 2015)

However, Oliver Roader believes Releasing Drug Offenders Wont End Mass

Incarceration. His point of view is that Mass Incarceration should look past the non-violent drug

offenders. Harsh sentences are to blame for the overpopulated Prison throughout the country. He

proceeds to go over Congressmen Mike Lees Smarter Sentencing Act of 2015 and Lees efforts

to repeal and change the present drug sentencing guidelines. The response to both the "drug

crisis" and the crime rate has been identical - aggressive enforcement of existing criminal

statutes and proposals for new legislation. The Supreme Court has neither endorsed nor

advocated a route to punishment for drug offenders. For politicians and legislators, being tough
SENTENCING MATTERS 6

on crime is reasonable but the guidelines are too harsh. Toughness generally means putting more

people in prison, detaining them there longer and carrying out more executions. (Lee, 2015)

Currently the top crime in prison is drug involved crimes. About 48% are drug crimes

and the other half are other crimes. Prison populations increases every year. Currently the

United States has the highest prison population in the world. 2 million inmates is the estimate

total. As oppose of other countries that have less than 40 thousand. (ICPR, 2015). By that

statistic alone should call for action. Reason being rehab, probation or house arrest or some type

of intervention can be the alternate for low level crimes. Instead of straight to Jail or Prison, this

will decrease some the recidivism. Reduced recidivism and other long-term program outcomes

resulted in public savings of $6,744 on average per participant. The addictive response to the

"drugs and crime" relationship has been incarceration.

Prior to the Anti-Drug Abuse Act of 1986 (1986 Act),46 federal judges had maximum

flexibility to tailor sentences to the particular circumstances of each case, in accordance

with the prevailing emphasis on offender rehabilitation.47 Judges could sentence drug

offenders to long or short incarceration periods or probation, and offenders could be

paroled.48 The 1986 Act, however, radically transformed this aspect of judicial

sentencing. It imposed mandatory minimum sentences, deleted the sentence of probation

or parole for most drug offenses, lengthened terms of incarceration and significantly

increased monetary penalties. (Spencer,1995).

In order to stop an uprising in the use of drugs new foundations were made. More importantly,

Congress increased the penalties for low level drug offenses as well. The Sentencing Reform Act
SENTENCING MATTERS 7

of 1984 changed the system so much that it affects the US now. The act revoked the guidelines

sentencing flexibility among the rehabilitative punishment and embraced the shift toward

deterrence and incapacitation as the primary purposes of punishment.

According to The Sentencing Project (2015) 55% of federal prisoners are serving time for

a drug offense and 13% for violent offenses. In the year 2002 drug offenses lowered into a

category one of the sentencing guidelines but still within the court system nonviolent crimes are

charged higher than violent crimes with weapons. Laws for drug offenses vary state to state but

all states holds similar problems. (TSP, 2015.) Some states adopted an approach of fixed

sentences that are based on the type of drug, weight and number of prior convictions. For a

person charged with multiple penalties for simple possession ranging from a fine of less than

$100 and/or a few days in jail to thousands of dollars and several years in state prison.

Federal lawmakers enacted mandatory minimum sentencing guidelines

for drug offenses in 1986 in an attempt to target high-level distributors,

although they impact lower level drug defendants. (Thomson 2015.)

There are more repeat offenders in drug crimes than any other. After the first crime and caught

after the second the time served automatically goes up. NOLO illustrates an example by

comparing a drug sentence to a DUI. For example Jim has just been caught running a red light

and is pulled over. The responding officer tests is blood alcohol level. Jim is past the max. The

officer takes him in and after processing Jim, the officer finds this is not his first DUI but his

second. Jim will ultimately get more time than he has previously done. That is what a drug
SENTENCING MATTERS 8

sentencing guidelines are like. This is a good comparative analysis because it reflect on what

happens to repeat offenders. Fifty-three percent of the US population cannot vote due to felony

charges.(NOLO, 2015). In reality, there is nothing for released felons to do when they come out.

The people they had before have moved on and some find old friends and fall back into the the

habits that lead to them being arrested in the first place. Hence, why the US has so much

recidivism to account for across the fifty states.Laws do vary from state to state and repeat

offenders of course get longer times but sometimes it depends on the judge. Laws imposing

longer sentences on repeat offenders persist despite mixed evidence that harsh sentences and

incarceration reduce the likelihood of reoffending or making communities safer. Are our laws

and policies up to the challenge of preventing recidivism?

Rehabilitation Systems

Rehabilitation refers to the extent to which a program is implicated in the reduction of

crime by "repairing" the individual in some way by addressing his or her needs or deficits.

Rehabilitation, in prison, depends on state by state standards and the level of crime. Part of the

reason for rehabilitation is to help the prison atmosphere. In order to, potentially keep

quarrelsome prisoners busy. State governments spend millions of dollars incarcerating,

releasing, and re-incarcerating repeat offenders. (NOLO, 2015) These programs involve the

integrated administration of sanctions and services including drug testing, substance abuse
SENTENCING MATTERS 9

treatment, community diversion, probation, supervised release, aftercare (programmatic or health

related), and incarceration based on noncompliance.

In 1985 Congress came to a conclusion by studying rehabilitation theories of punishment and

indeterminate sentencing, seventy Congressman decided to reform the federal sentencing system.

Another Congressional study was done and sentencing practices were similarly situated

defendants among federal judges.

Currently, prison income from state government is low. Therefore, some Prisons may hire less

qualified people to rehabilitate the inmates.US Prisons systems simply do not have the money to

spare.(NIJ, 2014). Individuals must decide independently to transform themselves into

ex-offenders. Programs and services may facilitate transformation, just as individual

transformation or the lack thereof may moderate the effects of re-entry assistance. (NIJ, 2014).

Public Prisons have been decreasing in funds for quite some time which causes the

programs that hold it to dwindle not having those same resources it once had. If a program does

not have what is needs, what is the purpose of it? Also with instructors getting pay cuts, how

effective is rehabilitation then? If they arent willing to do their job up to its standards. There

need to be a change in prison social reform and sentencing for melee drug use that results in the

overcrowding of prisons.

A good approach and professionalism can be used to ensure proper decision making but it

is impossible to have a program that has poor staff training and resources to obtain a good staff.
SENTENCING MATTERS 10

In an article by the American Psychological Association, questioned Robert Morgan, PhD, a

psychologist at Texas Tech University who has worked in federal and state prisons and studies

treatment methods for inmates. Health professionals in most prisons "Many psychologists in the

criminal justice system have enormous caseloads; they're struggling not to be overwhelmed by

the tide."(Benson, 2003).

Drug courts have been made programs for drug felons the Judges said goal is to rehabilitate

repeat offenders and new defendants into the system. Presently, the courts systems have Dual

Program for rehabilitative purposes. The purpose of the Dual Program is to busy the prisoners

with self-improvement, rather than, letting the violence and tensions simmer. (Gerald, 2000).

The grounds for an effective program depends on the collective efforts of the staff and the

willingness to help the inmates.

Current Events

This type of statute does not render justice. This type of statute denies the judges of this

court, and of all courts, the right to bring their conscience, experience, discretion and sense of

what is just into the sentencing procedure, and it in effect makes a judge a computer,

automatically imposing sentence without regard to what is right and just. It violates the rights of

the judiciary and of the defendants, and jeopardizes the judicial system. (Tonry, 1997). The

authority for the creation of rules toward sentencing should be overviewed by an

sentencing/administrative agency. The job of the sentencing agency would be to develop,

promulgate and monitor systems of sentencing rules/guidelines.(Tonry, 1997). Agency should

overview existing and future corrections resources. Like Mrs. Fairly , the author Michael Tonry

(1997) says minimum sentences should be for the up most serious crimes such as murder,rape

etc.. Guidelines to allow Judges to choose among non-custodial penalties for minor crimes and

periods of partial or full confinement for most serious crimes. The Legislation and Sentencing

Agency should make a presumption that, in the range of sanctions set out in applicable

guidelines, so that, Judges can impose the appropriate sentences.(Tonry, 1997).

A judge can ignore a mandatory minimum if the following criteria exist: (1) the defendant has

no more than one criminal history point; (2) the defendant did not use violence or carry a

firearm; (3) the offense did not result in death or serious bodily injury; (4) the defendant

was not an organizer or leader; and (5) the defendant fully cooperated with the government.

(Spencer, 1995).

Roeder lays out an example to give readers a glimpse on how absurd it is stating

Suppose every federal drug offender were released today. That would cut the

incarceration rate to about 693 inmates per 100,000 population. Suppose further

that every drug offender in a state prison were also released. That would get the

rate down to 625. Its a serious drop, no question these hypothetical measures

would shrink the overall prison population by about 14 percent. (2015).

In 1999 when a federal judge sentenced Sharanda Jones to life in prison after her conviction on a

single cocaine offense. To advocate his plan President Obama went to a federal prison in

Oklahoma to reconstruct the criminal justice system, stating This huge spike in incarcerations is
SENTENCING MATTERS 12

also driven by nonviolent drug offenses where the sentencing is completely out of proportion

with the crime.(Horwitz, 2015).

Jones's sentence was then made even more severe with a punishment tool introduced at the

height of the drug war that allowed judges in certain cases to enhance sentences, elongating

them. (Horwitz, 2015). For every found crime it was an enhancement on her time service. 2005

Supreme Court decision, judges have much greater discretion when they mete out punishment. In

the past decade, they gave lower sentences by an average of one-third the guideline range,

according to the U.S. Sentencing Commission. 95,000 Federal Inmates serving time for drug

offenses, which represents 48.6 percent of that population. (Horwitz, 2015). According to

FAMM (2013), Conspiracy laws make those at the top of the drug trade and low-level offenders

equally culpable.

Harmelin v. Michigan, 501 US 957 - Supreme Court 1991

The 8th Amendment states Excessive bail shall not be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted. (U.S. Const. amend. XII) The

petitioner,Harmelin, was convicted of possessing 672 grams of cocaine and sentenced to a

mandatory term of life in prison without possibility of parole. Petitioner claims that his sentence

is unconstitutionally cruel and unusual for two reasons: first, because it is "significantly

disproportionate" to the crime he committed; second, the sentencing Judge was statutorily

required to impose it, without taking into account the particularized circumstances of the crime
SENTENCING MATTERS 13

and of the criminal. Two Eighth Amendment issues were before the Court: whether the sentence

must consider mitigating circumstances when imposing a mandatory life without parole

sentence, and whether Mr. Hamelin's sentence was disproportionate to his drug possession

offense. Supreme Court Justice White concluded that Mr. Hamelin's sentence was

disproportionately because the "absolute magnitude" of the drug possession offense was not

"exceptionally serious," the sentence was the harshest available under Michigan law. (Harmelin

v. Michigan, 501 US 957, 1991).

In another case is Mizansky vs. Missouri. Mizansky became eligible for parole in MAy

when Missouri Gov. Jay Nixon commuted his life sentence, while granting pardons to five other

nonviolent offenders who already completed their punishments . Parole was an option that

Mizansky did not have like Sharanda Jones. He had been sentenced prior and persistent drug

offender under Missouris three strikes law. (HP, 2014) The Sentencing Commission criticized

this "three-strikes" provision. (Spencer, 1995) The Commission ruled that it could lead to

unwarranted disparity in sentencing similar defendants and in sentencing non-similar defendants.

Which is similar to what Mrs. Fairley was stated in our professional interview. The Commission

recommended that the proposal be deleted from the final statute so that it can be more

compatible with the goals of the 1984 Sentencing Reform Act. All three of Mizansky offenses

involved marijuana. He was given a life sentence after a conviction of attempting to sell six

pounds a pot.(HP, 2014). Now, life sentences are given to first-degree murder crimes.
SENTENCING MATTERS 14

Sentencing depends on the weight of the drug but this man does not deserve a life sentence.

When people whom are tried for rape get less time .

According to Listverse (2008) a small news outlet covered juvenile courts and the present

US court systems. As of 2008 it is for eligible and non violent Juveniles offenders to exchange a

three-to-ten year term thirty to one hundred and eighty days in boot camp. State Legislatures

grew fond the boot camps due to lower cost in prison spending. (Liverse, 2008).

If more courts had this option for both non-violent drug offenders, it will reduce the costs

to run prisons. The money instead can be used elsewhere. Many officials have turned to religious

programs that seek to change inmates internal motivations as well as external

behaviors.(Listverse. 2008). The help from the outside communities help greatly. The initiative

by the community is an effort to encourage religious charities and other nonprofits to provide

social services.

According to the American Civil Liberties Union. Eighty eight percent of the eight million

marijuana arrests between 2001 and 2010 were for possession alone. Harsh Sentences for

nonviolent crimes are apart of the reason that the figure is so high. The lesser the offense, the

lesser the time for it should be and it will result in more money the prisons could have; meaning

the programs within it will improve.

Conclusion

A first time-offender, having no prior convictions should not receive a mandatory life

sentence. The present guidelines have not necessarily been altering since the sixties into the

eighties. There are so many people in prison that are serving sentences that are longer than those

who presently have worse crimes. Nonviolent offenses should not get more than a few month in

prison but any longer is unjust. By changing the sentencing laws the rehabilitation program will

be provided more funding.

Reference

Benson, E. (2003). Rehabilitate or Punish? Retrieved December 11, 2016, from American

Psychological Association, http://www.apa.org/monitor/julaug03/rehab.aspx.

Ewing v. California, 538 US 11 - Supreme Court, Three Strikes and Youre Out law (2003).

Fairly, D. (2016, November 22). Professional Interview.

Federal sentences. (2015). . Retrieved from www.prisonpolicy.org/scans/famm/Primer.pdf

Fellow, R. T. B. (2016, February 2). US: Repeal mandatory federal drug sentences. Retrieved

November 7, 2016, from US: Repeal Mandatory Federal Drug Sentences,

https://www.hrw.org/news/2016/02/02/us-repeal-mandatory-federal-drug-sentences

Gerald, G. (2000). Reform in the Making: The Implementation of Social Policy in Prison.

Retrieved from

https://www.bop.gov/resources/research_projects/published_reports/gen_program_eval/o

reprreform_b.pdf

Harmelin v. Michigan, 501 US 957, (1991)

Heller, M. (2013). FEDERAL MANDATORY MINIMUMS. Retrieved from

http://famm.org/wp-content/uploads/2013/08/Chart-All-Fed-MMs-NW.pdf

Horwitz, S. (2015, July 15). How a first crack cocaine offense led to a life sentence.

Washington Post. Retrieved from

http://www.washingtonpost.com/sf/national/2015/07/15/from-a-first-arrest-to-a-life-sente

nce/
SENTENCING MATTERS 17

ICPR. (2015). Highest to lowest - prison population total. Retrieved December 5, 2016, from

http://www.prisonstudies.org/highest-to-lowest/prison-population-total

Kimbrough v. US, Criminalizing the Manufacture and Distribution (2007)

Lee, M. (2015, December 2). Text - S.502 - 114th congress (2015-2016): Smarter sentencing

act of 2015. Retrieved November 7, 2016, from

https://www.congress.gov/bill/114th-congress/senate-bill/502/text

NIJ. (2014, June 17). Recidivism. Retrieved December 5, 2016, from

http://www.nij.gov/topics/corrections/recidivism/Pages/welcome.aspx

Roeder, O. (2015). Releasing drug offenders wont end mass incarceration. . Retrieved from

http://fivethirtyeight.com/datalab/releasing-drug-offenders-wont-end-mass-incarceration/

Spencer, M. P. (1995). Sentencing drug offenders: The incarceration addiction recommended

citation 1995] SENTENCING DRUG OFFENDERS: THE INCARCERATION

ADDICTION. L. Rev, 40, . Retrieved from

http://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=2912&context=vlr

Thomson, R. (2016). Drug Possession Penalties and Sentencing. Retrieved October 17, 2016,

from

www.criminal.findlaw.com/criminal-charges/drug-possession-penalties-and-sentencing

Tonry, M. H. (1997). Sentencing matters (studies in crime and public policy). New York:

Oxford University Press, USA.

BOJS. "Bureau of Justice Statistics Identity Theft Reported by Households,2005-2010." N.p.,

n.d. Web.
SENTENCING MATTERS 18

Davis, Angela J. "The Sentencing Project News - Sentencing Policy." N.p., n.d. Web.

"Ethics in Drug Treatment | New Roads Behavioral Health." N.p., 15 June 2012. Web.

Gaes, Gerald G. "Reform in the Making: The Implementation of Social Policy in Prison."

Choice Reviews Online 38.05 (2001)

The Huffington Post. "Drug Sentencing." N.p., n.d. Web. 14 Dec. 2015.

Listverse. "Modern Prison Programs." N.p., 14 Aug. 2008. Web. 13 Dec. 2015.

McCarthy, Abigail. "Private Prisons Provide More Incentive for Rehabilitation." Private

Prisons Provide More Incentive for Rehabilitation (2000): 1. Web. 9 Dec. 2015.

NOLO. "Repeat Offenders | Criminal Law." N.p., n.d. Web. 13 Dec. 2015.

Reuters, Thomson. "Drug Possession Penalties and Sentencing - FindLaw." N.p., n.d. Web.

Rothwell, Jonathan. "Drug Offenders in American Prisons: The Critical Distinction

between Stock and Flow." N.p., 25 Nov. 2015.

The Sentencing Project. "The Federal Prison Population: A Statistical Analysis." (n.d.):

1-9. Web. 10 Dec. 2015.