Sentencing

July 1, 2010

 

Dear Friends,

This past year saw the United States take important steps toward a criminal justice system that is fair and equitable in its sentencing laws and practices, and that uses incarceration only as a last resort in ensuring public safety.

It's a big vision, but one that is coming into view. Every day. In substantive, measurable ways. See how in The Sentencing Project's new 2009 Annual Report. 

Whether the issue was crack cocaine sentencing reform, ending the practice of sentencing juveniles to prison for the rest of their lives, helping policymakers understand the unsustainable social and economic costs of imprisoning over 2 million Americans, or capturing media attention for analyzing how current policies create difficulties for people returning home from prison, The Sentencing Project was at the forefront of change.

We know we did not achieve these victories on our own. But we feel confident that our special contributions to each of these issues were, and will continue to be, uniquely important.

We also recognize that The Sentencing Project's success is possible only with the commitment of people like you. After you have looked through our 2009 Annual Report, we hope you will make a donation to changing the way Americans think about crime and punishment.

If this will be your first contribution to The Sentencing Project, a generous donor has promised to match the full amount. And if you have given in the past, every dollar you give above the amount of your most recent contribution will be matched as well.

Marc Mauer
Executive Director

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In This Issue

·         Crack Cocaine Sentencing Reform Passed in U.S. Senate » GO

·         New Research on Race and Justice » GO

·         New Research on Race and Justice » GO



Search our Clearinghouse of over 450 books, articles, and reports on racial disparity in the criminal justice system.

 

Contact Us

March 25, 2010

Inaugural Edition of Race & Justice News

Welcome to the inaugural edition of Race & Justice News from The Sentencing Project. Each edition will bring you news coverage of research, advocacy, and policy developments regarding race and the criminal and juvenile justice systems throughout the country. Let your friends and colleagues know that they can subscribe to Race & Justice News by signing up on our Web site. 

We also welcome your submissions!  Contact Race & Justice News to submit news about race and justice developments from your area.

Crack Cocaine Sentencing Reform Passed in U.S. Senate

In an historic moment, legislation to reform the federal mandatory sentencing laws for crack cocaine offenses was adopted by unanimous consent last week in the U.S. Senate. The adoption of the mandatory penalties in 1986 established a 100 to 1 drug quantity ratio between crack and powder cocaine. Under the penalty structure established by Congress, sale of 500 grams of powder cocaine results in a mandatory five-year prison term, but just 5 grams of crack cocaine triggers the same penalty.

The compromise bill passed by the Senate would raise the crack threshold to 28 grams, thus lowering the disparity to 18 to 1. If adopted, the legislation would result in about 3,000 defendants a year receiving an average sentence 27 months less than under the current penalty structure. The legislation now moves to the House, where the Judiciary Committee had previously voted to approve a bill equalizing the penalties between the two drugs.

Although many advocates were disappointed that the Senate did not support full equalization of penalties, the compromise bill would still represent the first reform to crack sentencing since 1986.  See Washington Post  article on the legislation.

W. Haywood Burns Institute Launches DMC Map

The W. Haywood Burns Institute recently released a comprehensive, user-friendly juvenile justice data map that provides state and county-level information on juvenile justice-involved youth. The Burns Institute is a national leader in assisting states and localities with reducing the overrepresentation of youth of color in their juvenile justice systems through targeted, data-driven technical assistance. 

The map contains a synthesized presentation of publicly available one-day counts of juveniles held in public and private residential facilities. Data go back to 1997 and are disaggregated by race, ethnicity, and offense type for each state.  Information on youth involvement in the juvenile justice system, by race, for each stage in the juvenile justice system (i.e., arrest, referral, pre-trial detention, post-conviction placement, etc.) is also available.

New Research on Race and Justice

A new study of Seattle youth finds that a sample of Black youth were more likely to be contacted or arrested by police in the 8th grade than White youth, and that initial contact/arrest substantially increased the likelihood of arrest by the 10th grade.

The researchers sought a better understanding of the extent to which environmental factors explained these differences and found that, in addition to gender (male) and income (low), youth with parents who have been arrested, have a history of school disciplinary problems, socialize with negative peers, or associate in groups with deviant adults are more likely to have police involvement. The authors say these factors help explain the racial differences in police contact and arrest.

Crutchfield, R., Skinner, M., Haggerty, K., McGlynn, A., and Catalano, R. (2009). Racial Disparities in Early Criminal Justice Involvement. Race and Social Problems 1(1): 218-230.

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The Sentencing project releases two new reports

fiscal crisis and record incarceration spur trend in prison downsizing

·         4 states - KS, MI, NJ, NY - reduced prison populations by 5-20% since 1999

·         At least 19 states adopted policies in 2009 that promote prison population reductions through sentencing, probation and parole reforms, and reexamining effective public safety

As states grapple with the fiscal crisis and confront costly and overburdened criminal justice systems, two reports released today by The Sentencing Project offer roadmaps to successful prison downsizing that maintain public safety. The reports document a growing trend to reform sentencing policies and scale back the use of imprisonment in order to control spending. 

"Downscaling Prisons: Lessons from Four States," released by Justice Strategies and The Sentencing Project, finds that four states - Kansas, Michigan, New Jersey, and New York - have reduced their prison populations by 5-20% since 1999 without any increases in crime. This came about at a time when the national prison population increased by 12%; and in six states it increased by more than 40%.  The reductions were achieved through a mix of legislative reforms and changes in practice by corrections and parole agencies. The reforms included:

·         Kansas - Changed sentencing guidelines to divert lower-level drug cases to treatment rather than incarceration; Expanded supportive services to people on parole supervision.

·         Michigan - Eliminated most mandatory minimum sentences for drug offenses; enacted statewide initiative to reduce parole revocations and enhance employment, housing, and treatment services for people leaving prison.

·         New Jersey - Increased parole releases by adopting risk assessment instruments and utilizing day reporting centers and electronic monitoring.

·         New York - Scaled back harsh drug penalties, established Drug Treatment Alternative to Prison programs, and applied "merit time" credits to speed up parole consideration.

Other states have joined this trend, and 2009 proved to be a high mark for such reforms.  The Sentencing Project's report, "The State of Sentencing 2009: Developments in Policy and Practice," by Nicole D. Porter, highlights reforms in at least 19 states that hold the potential of further prison population reductions. Key among these reforms are:

·         Three states - Minnesota, New York, and Rhode Island - significantly scaled back the scope of mandatory sentencing laws for certain drug offenses.

·         Seven states increased the proportion of "good time" credits to be earned in prison to expedite parole eligibility.

·         Four states Arkansas, Illinois, Nebraska and New Jersey - established oversight committees to examine sentencing policies, prison overcrowding and reentry services.

Figures recently released by the U.S. Bureau of Justice Statistics document a record prison and jail population of 2.3 million as of 2008, but also indicate that the population in state prisons is stabilizing.  Overall, 20 states achieved at least modest reductions in their prison populations between 2007 and 2008.

Access the reports at www.sentencingproject.org or click the links below:

"Downscaling Prisons: Lessons from Four States"

"The State of Sentencing 2009: Developments in Policy and Practice"

December 29, 2009
 

Dear friends:

You can help The Sentencing Project work to make criminal justice reform a reality in 2010.

There's still time to make a year-end gift to help The Sentencing Project advocate for more rational, effective and compassionate criminal justice policies in 2010.

Today, criminal justice reform is far more possible than it was just one year ago.  

Please make a gift to The Sentencing Project today to help us work for eliminating the disparity in sentences for crack vs. powder cocaine offenses, ending juvenile life without parole, reducing racial disparities, and promoting effective re-entry programs, voting rights for people with felony convictions, and alternatives to incarceration.

Thank you.

Happy New Year from all of us at The Sentencing Project.

Marc Mauer
Executive Director

P.S.  If you're a member of CREDO/Working Assets, please vote for The Sentencing Project as your charity of choice at www.workingassets.com/voting before the end of the year deadline!

also in sentencing times:

·         New Race and Justice Clearinghouse Launched

·         Life Sentences Examined in New Report

 

Contact Us

Fall 2009

The fall edition of
sentencing Times is here

The Sentencing Project is proud to share its achievements in research, advocacy, and policy reform. Please take a look inside our Fall newsletter or open the Sentencing Times for a complete version.

policy

Crack equalization bill passes in
House Judiciary

The prospects for significant reform to the federal crack cocaine sentencing policies improved dramatically over the summer, when a bill that would equalize the penalties for powder and crack cocaine offenses passed out of the House Judiciary Committee. The reform bill, HR 3245, was introduced by Congressman Bobby Scott, Chairman of the
Subcommittee on Crime, Terrorism, and Homeland Security.

Senate Judiciary Subcommittee Chairman Dick Durbin of Illinois also introduced a bill in the Senate in October.

Legal

Supreme court considers juvenile life without parole

The Sentencing Project submitted an amicus brief in two cases that were heard by the Supreme Court. Oral arguments were presented in the cases of two Florida individuals sentenced to life without parole for non-homicide offenses committed when they were juveniles. The Sentencing Project's amicus was prepared and submitted with the help of the law firm O'Melveny & Meyers, which provided pro bono services.

research

report finds first racial shift in drug war

The Sentencing Project released a report documenting that for the first time in the 25 years since the inception of the "war on drugs," the number of African Americans incarcerated in state prisons for drug offenses declined. The report received national media attention in outlets including the Washington Post, New York Times, Christian Science Monitor and on CNN.

advocacy

Sentencing project steps up state focus

In May, The Sentencing Project ramped up its activities in the states when Nicole D. Porter joined the staff as State Advocacy Coordinator. Porter has already initiated a new listserv for state advocates to use to share ideas and stragies for state-level reforms.

"Every state has its own distinctions, and each state legislature has its own traditions and nuances, but advocates from different states can learn from each other in terms of strategy, outreach, messaging and public education," said Porter. 

Read the full version of Sentencing Times.

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