drug sentencing
TRANSCRIPT
Casualties of the Drug War: Congress and Mandatory Sentencing Reform
Steve Anderson
PLS 5173Steve Anderson
PLS 5173
Progress Report
During the 1970s and 1980s, the United States was suffering suffered from a
major epidemic of crack cocaine in the inner-cities. Particularly in African American
communities, this epidemic was leading to a massive wave of crime. New York State,
under the direction of Governor. Nelson Rockefeller, enacted a new, zero tolerance
approach to crime. He called for mandatory sentencing for drug possession and dealing
(Mann, 2013). In 1986, Congress passed the Anti-Drug Abuse Act, making possession
of controlled substance a crime and increasing penalties from fines to years in prison
(United States Congress, 1986). Theis was intended intent was to combat the major
crime wave and crack down on drug related crime. The new guidelines created a 100:1
disparity for possessing crack cocaine as opposed to the powdered form. This resulted
in a change in the way sentencing for certain crimes was carried out. This was a drastic
change from the previous 200 years of federal sentencing (Stith & Cabranes, 1998).
Fast forward to 2014, crime is down, but drug offenders have been incarcerated
in record numbers. Reformers have noted the ever increasing burden that has been
placed on the corrections systems across the country, particularly at the federal level
(Halloran, 2014) On top of these, many states have been moving towards
decriminalizing other drugs or placing drug offenders in treatment. Many states have
moved away from pursuing the “War on Drugs,” which has placed an extensive burden
on law enforcement and corrections systems. Even the Department of Justice has been
revisiting the issue, working to reduce the sentences of in drug cases and eliminate
mandatory minimum sentencing despite pushback from federal prosecutors and district
attorneys (Horwitz, 2014).
There have been calls at the federal level as well to change the policies towards
the “War on Drugs,” such as changing the sentencing guidelines for those convicted of
drug possession. The sentencing guidelines, which include mandatory minimum
sentences for drug possession and three strikes laws, have managed to increase the
United States prison population, but the effects on drug related crime have not
significantly dropped since the 1990s (FAMM, 2012). With increased scrutiny from
reform groups, former law enforcement officials and those in the criminal justice system,
especially in times of budget shortfalls, members of Congress are starting to reexamine
current sentencing laws. Both Democrats and Republicans have expressed concerns
over the effects of mass incarceration and are looking for legislative solutions to reduce
the number of those who go to prison. (Halloran, 2014).
The question that arises is how far the current proposals in Congress are willing
to go to reverse the upward trend in drug related incarceration. While there have been
calls from a number of academics, advocacy groups and legal organizations to reform
the current sentencing laws, only in the last few years have any changes come in terms
of reduction of sentences. This has been the first time since the Nixon administration
that there has been a reduction in mandatory sentences. I propose an examination of
the number of proposals bills in recent years to undo the damage caused by mandatory
minimum sentencing, along with an analysis of how much these proposals bills would
change the current laws and on the members of Congress who are pursuing these
changes. This is compared with information about correctional spending based on state
and federal data that may provide insights into the motives and reasons for supporting
sentencing reform.
In this research paper, I will look into the motivations of members of Congress for
reducing or ending mandatory minimum sentencing for non-violent drug crimes. I
hypothesize that representatives from states that have major prison populations will be
more likely to enter proposals to lower these penalties. In addition, I hypothesize that
Democrats are more likely than Republicans to support changes the mandatory
minimum sentencing structure. This can be analyzed by researching the number of bills
brought up in Congress since 2010, when the Fair Sentencing Act was signed into law,
that have attempted to reduce mandatory minimum sentencing.
Literature Review
From the onset of the implementation of mandatory minimum sentences,
researchers began the questioning how effective these laws would be in stopping drug
related crime. For one, the laws took away what would normally be the power of
discretion judges have in sentencing, giving most of the authority to the prosecutor’s
office (Schwarzer, 1992). The trend towards less discretion from judges started with the
Sentencing Reform Act of 1984 (SRA). This created a new independent commission,
called the United States Sentencing Commission, which would help refine sentencing
with the introduction of mandatory minimums two years later (Mascharka, 2001).
These laws also have changed the way other actors in the court system
approach cases. With prosecutors using mandatory minimums as leverage, and
offenders often being too poor to afford adequate council, more are willing to accept a
plea bargain in lieu of a much longer prison sentence (Lacasse & Payne, 1999). Though
the goal of these laws was to deter future drug dealers and users, researches have also
questioned the results that these laws have had on its intended targets. There has also
been concern that these laws have heavily affected neighborhoods with African
American presence, while the rates of drug use remain the same for African Americans,
Hispanics, and Whites (Human Rights Watch, 2013)
The results have included a massive increase in the prison population, with large
increases in sentences of life without the possibility of parole for non-violent drug
offenses based on mandatory minimum sentencing. (American Civil Liberties Union,
2013). The cost to taxpayers has been in the billions both at the federal and state level.
Although originally these laws disproportionately affected African American
communities, in recent years the methamphetamine epidemic in rural areas has brought
an increase in white offenders into the system facing long stretches in prison.
Representatives from rural white communities finally began to see what
Representatives from African American communities have been seeing for years. In
recent years, there has been bipartisan consensus that action must be taken. But
exactly what action would be taken? It will take years to undo the damage.
In terms of research towards mandatory minimum sentencing, there has been a
fair amount research into how the laws have affected populations in prison, spending
related to corrections, and a host of other issues related to the criminal justice system.
However, the research involving Congress and mandatory minimum sentencing beyond
the creation of the laws and the United States Sentencing Commission doesn’t amount
to much. Researchers have not focused on congressional motivation for implementing
these reforms. However, members do want reach out and identity with members of their
home districts. They will present themselves in a manner that reflects their connection
with their districts or state (Fenno, 1978). Areas that have high crime rates likely had
members reflect the need for tough on crime attitudes, while now areas that have had
large rates of constituents incarcerated may reflect a need for reform.
While there was substantial public support for these “tough on crime” policies
backpolicies back the 1980s, there has been a reversal in favor of mandatory
sentencing reform (Halloran, 2014). Why there has been a change has been the result
of many different factors. For one, violent crime has decreased continuously since the
1970s and 80s, during which being tough on crime was important for legislative and
electoral success (Vincent & and Hofer, 1994). With a reduction in violent crime, the
increase in the prison population has been attributed to an increase of arrests for drug
possession. The added measures of mandatory minimum sentencing hasmeasures of
mandatory minimum sentencing have resulted in more people staying in jail for longer
periods of time. This trend has continued until 2010, when large prisons began
programs to reduce populations that were far beyond capacity (Portero, 2013).
While there has been a reduction in violent crime, reports on the subject have not
concluded that mandatory minimum sentencing has been a major factor in helping to
reduce rates of crime. There has been a divide among lawmakers who came up in
times of high levels of crime versuversus. younger members who have seen decreasing
rates of crime but increases in the incarcerated population. There have been groups to
provide support on both sides on the issue. The American Civil Liberties Union, The
Sentencing Project, and Families Against Mandatory Minimums have been lobbying for
reforms to sentencing laws, while law enforcement organizations such as Fraternal
Order of Police and the National Sheriff's Association have supported the current
system.
Recently, there has been a major push to reduce the effect of mandatory
minimum sentencing, particularly for drug offenses. In 2010, President Barack Obama
signed the Fair Sentencing Act, which removed a five year mandatory sentence of first
time cocaine possession, and reduced the disparity from 100:1 to 18:1 among other
changes to reduce the impact of sentencing (GovTrack.us, 2009). The bill was
sponsored by Illinois Senator Dick Durbin, a Democrat and advocate for sentencing
reform. The bill has bipartisan supportship, including the cosponsorships of sixteen
Democrats, six Republicans and one Independent.
While the majority of support for sentencing reform has come from Democratic
members of Congress, there has been a rise in the number of Republicans showing
support for sentencing reform as well. For Democrats, it is seen as moral problem to
incarcerate non-violent drug offenders such long sentences, while Republicans, who
carry the banner of fiscal responsibility, have come on board to help slow the down the
ever rising cost of incarceration (Fetsch, 2014). While this has been the only bill that
has been become law relating to a reduction in mandatory minimum sentencing, there
have been a slew of new proposals that would add on to the Fair Sentencing Act. As of
this writing, the focus of the effects of mandatory minimums have been in the legal field,
measuring loss of discretion from judges, use of plea bargaining, and increased
incarceration. This paper helps to fill in the gaps of why members of Congress vote in
support of mandatory minimum sentencing reform.
In this researcharticle, I will look into the motivations of members of Congress for
reducing or ending mandatory minimum sentencing for non-violent drug crimes. I
hypothesize that representatives from states that have major prison populations will be
more likely to enter proposals to lower these penalties. In addition, I hypothesize that
Democrats are more likely than Republicans to support changes the mandatory
minimum sentencing structure. This can be analyzed by researching the number of bills
brought up in Congress since 2010, when the Fair Sentencing Act was signed into law,
that have attempted to reduce mandatory minimum sentencing.
Data and Methodology
Since there has been a major push for sentencing reform since 2010, I am
looking to will examine several bills related to sentencing reform and the members of
Congress who sponsor and cosponsor these bills. The bills to be examined are listed
from the Families Against Mandatory Minimums 2013 report, which indicates bills that
will have a major impact on the current sentencing reform structure. These include: The
Smarter Sentencing Act (S. 1410/H.R. 3382), The Justice Safety Valve Act (S. 619/H.R.
1695), Recidivism Reduction and Public Safety Act (S. 1675), and the Federal Prison
Reform Act (S. 1783) along with the 2010 Fair Sentencing Act which has already been
signed into law. These four bills are supported by sentencing reform groups. The
measures used rely on the available data based on corrections spending per state and
the sponsoring or cosponsoring of these bills to indicate support for sentencing reform.
For each of these bills, I will examine the number of sponsors and cosponsors
who are either DemocratDemocrat, Republican, or Independent. The information about
sponsorship and bill status will be obtained with GovTrack, a website that tracks that
status of legislation along with information about the bill and those who sponsored it.
Tohe compare the members to the cost of incarceration by state, I use a report
compiled by the Vera Institute of Justice. The report, The Price of Prisons: What
Incarceration Costs Taxpayers describes the taxpayer cost of incarcerating a sentenced
adult offender to state prison in 40 states. The members who sponsor these bills will
have the respective state correctional cost measured. The first hypothesis is that
Democrats will be more likely than Republicans to support legislation related to
mandatory sentencing, due to being on the side of this issue longer than Republican
members. The second hypothesis is that members who states have higher correctional
costs will be more likely to support sentencing reform.
Findings
When comparing how members voted, I first put the state’s members of
Congress together with correctional spending data. The following are graphs that
compare those who sponsored or co-sponsored certain bills with the level spent of
corrections per state.
Alabama
California
Connecticu
t
Deleware
Illinois
Iowa
Maryland
Massach
usetts
Michigan
Minnesota
Ohio
Oklahoma
Pennsylva
nia
Rhode Island
South CarolinaTexa
sUtah
Vermont
Virginia
Wisc
onsin$0
$1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000
2010 Fair Sentencing Act
States
Dol
lars
Spe
nt (M
illio
ns)
Alabama
California
Florida
Georgia
Illinois
Kentucky
Louisi
ana
Michigan
New YorkOhio
Oregon
Tennessee
Texas
Vermont
Virginia
0
2000000
4000000
6000000
8000000
Justice Safety Valve Act of 2013
State
Dolla
rs S
pent
(m
illio
ns)
Connecticut New York Ohio Rhode Island Texas Utah0
5000001000000150000020000002500000300000035000004000000
Recidivism Reduction and Public Safety Act of 2014
States
Dolla
rs S
pent
(mill
ions
)
Alaska
Connecticu
t
Deleware
Georgia
Illinois
Louisi
ana
KentuckyMaine
Maryland
Michigan
New Jerse
y
New Mexic
o
New York
Pennsylva
nia
Rhode Island
TexasUtah
Vermont
Virginia
Wisc
onsin0
5000001000000150000020000002500000300000035000004000000
Smarter Sentencing Act of 2014
States
Dolla
rs S
pent
(mill
ions
)
Many of the members of Congress who sponsored and cosponsored these bills
come from states with high cost for incarceration, with some states spending millions of
dollars for Fiscal Year 2010 based on the information collected by the Vera Institute1.
Here, we see that states with high levels or correctional spending were likely to have
members support bills for sentencing reform. When broken down into support by party,
we see Democrats more likely to sponsor and cosponsor bills, although all four bills
1 Alaska, New Mexico, Tennessee, Oregon, Massachusetts, and South Carolina did not provide correctional spending information to the Vera Institute. Their respective values show zero despite having members cosponsor the respective pieces of legislation.
received bipartisan support.
Bills Democrat Sponsors/cosponsors
Republican Sponsors/cosponsors
Independent Sponsors/cosponsors
2010 Fair Sentencing Act 17 6 1
Justice Safety Valve Act of 2013
16 3 0
Recidivism Reduction and Public Safety Act of 2014
3 5 0
Smarter Sentencing
Act of 2014
16 6 1
Table 1
The bills show three out of four having more support from Democrats than Republicans.
For both parties, many of those who supported the bills were likely to see the increase
in the prison population for a moral reason (Democrats) or because of budgetary
concerns (Republicans). Although one of the bills is in the House of Representatives,
we still see a similar divide with the other bills in the Senate.
Conclusion
As the prison population has continued to surge, locking up large parts of the
poor population, both black and white, the cost of incarceration continues to increase.
As of this date, The Smarter Sentencing Act passed 13-5 out of the Judicial Committee
with bipartisan support (Frumin, 2014). It will likely be one of many efforts made at the
federal level to help reduce the effect of mandatory minimum sentencing. This paper set
out to help fill gap on Congress members and their support for sentencing reform. Very
rarely has an issue caught support from different ends of the political spectrum. The
issue also has broad support from the public as part of a winding down of the War on
Drugs. More than six in 10 Americans say that governments moving away from
mandatory prison terms for drug violations is a good thing (PewResearch, 2014).
Members of Congress will likely have to deal with those who have had convictions prior
to the enactment of these reform laws and will have additional measures to be
analyzed.
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Fenno, R. (978. Home Style: House Members in Their Districts. Glenview, IL: Addison-Wesley Educational Publishers Inc.
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