For Immediate Release 
Date:  February 6, 2008  

Contact:  Monica Pratt Raffanel, media@famm.org   
                   

Crack sentencing reforms not a “get-out-of-jail-free” card
Courts have final say on reductions

WASHINGTON, D.C.:  Attorney General Michael Mukasey has made misleading statements predicting dire consequences as a result of the U.S. Sentencing Commission’s decision to permit certain prisoners the chance to seek modest reductions of their sentences for crack cocaine offenses.  He has said that many crack cocaine offenders are violent and that our communities will suffer due to the sudden influx of crack offenders.  Mukasey is expected to make these points again at the House Judiciary Committee hearing on February 7 at 10 a.m. 

But what Mukasey is failing to say is that the Sentencing Commission’s decision is not a get-out-of-jail-free card for any federal crack cocaine offender.  Nor are most federal crack offenders violent.

“No one gets out of jail immediately because of the guideline changes. Courts considering sentence reduction motions must take public safety into account when weighing their decision,” said Mary Price, vice president and general counsel of Families Against Mandatory Minimums (FAMM), a national, nonpartisan sentencing reform organization. “Any prisoner eligible to seek a reduction must first convince a court that they deserve one. If the U.S. Attorney believes a prisoner will pose a risk to the community if released early, he can oppose the reduction and explain to the court why the prisoner does not deserve it,” continued Price. 

According to the U.S. Sentencing Commission, in the first year, only an estimated 2,520 of the 19,500 prisoners are eligible to ask the court for a sentence reduction.  It does not apply to those convicted as career offenders or armed career criminals. People sentenced to five- and 10-year mandatory minimums, or people serving life in prison are also not eligible for early release. 

Although the Attorney General asserts that many crack offenders are violent, the U.S. Sentencing Commission reports that the vast majority of them are not.  In 2005, 89.6 percent of all crack offenses did not involve violence and an additional 4.9 percent of cases involved threats, but not acts of violence.  Sentencing Commission data from 2000 indicates a similar pattern: 88.4 percent of crack case involved no violence and 3.7 percent of the remaining cases involved threats but no acts of violence.

“Rather than whipping up fear about the impending release of violent offenders, the Attorney General should be reassuring Congress and the public that U.S. attorneys are reviewing sentencing records, examining criminal histories, and, in cases where they think a sentencing reduction is not appropriate, making those arguments to the courts,” said Price. 

Although Mukasey has called on Congress to stop the reforms from becoming effective on March 3, he did not explain that the decision to reduce crack cocaine sentences was made after 15 years of study by the Commission, which repeatedly told Congress that crack cocaine sentences are unduly harsh and have a disparate impact on African-Americans. The Sentencing Commission told Congress that these concerns were so “urgent and compelling” that reform was necessary. Congress ultimately agreed and allowed the reforms to be enacted.

“Congress and the U.S. Sentencing Commission are to be commended for supporting sentencing guideline reforms for crack cocaine, which take a small but important step toward addressing a sentencing inequity that has been proven ineffective and overly punitive,” said Price. 

Families Against Mandatory Minimums (FAMM) is a national nonpartisan, nonprofit organization that promotes just sentencing policies. For more information, visit: www.famm.org or contact Monica Pratt Raffanel at media@famm.org.