Families against mandatory minimums famm is an american nonprofit advocacy organization founded in 1991 to challenge mandatory sentencing laws and advocate for criminal justice reform. Make the fair sentencing acts crack sentencing reforms retroactive. Reform the crack powder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1. I think anybody in this room realizes that a five year mandatory minimum sentence is grossly unfair in your casejudge donald aslop, senior district court judge for the district of minnesota.
Since 2008, 35 states have reduced both their prison populations and crime rates. Mandatory sentencing minimums federal criminal law fclc. New mandatory minimums added to bill seeking to reduce stiff drug penalties more sen. Famm promotes sentencing policies that give judges the discretion to. Florida law mandates a 15year sentence for between 14 and 28 grams of hydrocodone, according to famm. Prior to the enactment of the fsa, it took 100 times as much powder cocaine as crack cocaine to. Sentencing commissions crack guideline amendment will be accompanied by language to congress that urges them to address the crack cocaine mandatory minimum. With mandatory minimum sentences, a guilty verdict means that the prosecutor is in more control of the sentence that offender receives. Nov 01, 2011 in august 2010, congress passed the fair sentencing act fsa, which reduced from 100. Jul 25, 2018 mandatory sentencing minimums posted on february 10, 2017 july 25, 2018 by marcia shein in march of 2016 the united states sentencing commission detailed that more than half 56. According to gill, the goodlatteconyers bill largely mirrors the sentencing reform and corrections act s. The reform marks progress towards ensuring fairness and proportionality in federal sentencing in an.
This cost is not limited to public expenditures but includes the perpetuation of unwarranted sentencing disparities, disproportionate sentences, and the transfer of the. The mandatory sentence is 5 years in prison without parole. Most notably, the quantity required to trigger mandatory minimum eligibility hereafter, the eligibility quantity is 20 times larger for powder cocaine than for crack cocaine. Notably, sentences for crack offenders are generally sufficiently long such that, on average, sentences for crack offenders are not impacted by eligibility for a mandatory minimum. The fsa not only changed the crack cocaine sentencing guidelines but also lowered several mandatory minimum sentences. Petition update famm praises senate sentencing reform. Heres what to expect from the latest attempt at federal. It creates mandatory minimum sentences for drug trafficking crimes, including the especially harsh 100to1 crackpowder disparity. Crack cocaine sentencing laws in the adaa also included a fiveyear mandatory minimum sentence for simple possession of the drug. Famm supported that reform, the fair sentencing act fsa. We built a new prison every 10 days between 1990 and 2005. They often impose excessively long sentences for crimes.
Hannigan still had 31 pills, or 22 grams of vicodin when he was arrested. Mandatory minimum sentencing almost destroyed my family. House of representatives sentencing reform bill, calling it more evidence that. Mandatory minimums block eligibility for reduction in crack. This is a brief discussion of the law associated with the mandatory minimum sentencing provisions of federal controlled substance drug laws and drugrelated federal firearms and recidivist statutes. Dec 12, 2014 sentencing used to be in the hands of a judge or jury. Mandatory minimums block eligibility for reduction in. Their consequences are felt throughout the country.
A brief history of crack cocaine sentencing laws famm. Congress directed the sentencing commission to follow suit and it reduced the sentencing guideline for crack offenses in accordance with the new law. As an example of a mandatory minimum sentence, under federal law, selling 28 grams of crack cocaine triggers a minimum sentence of five years in prison. The court said ortiz was not entitled to a retroactive application of the fsas change to certain mandatory minimums. Thousands freed from federal prison by first step act reforms many benefit from an increase in good time credits and from retroactive reductions in. Last august, congress passed the fair sentencing act, a longtime famm priority that reduced the 100. Mandatory minimum penalties for federal sex offenses. Makes the fair sentencing act, which ended the disparity in mandatory minimum sentences between powder cocaine and crack cocaine convictions, retroactive.
Famm urges congress to heed message from commission, new. Mandatory minimum sentencing might have a girlfriend. In addition, the commission seeks authority to incorporate any future changes to the mandatory minimums for crack into the federal sentencing guidelines. The fsa lowered the mandatory minimum penalties for distribution of crack cocaine. How law enforcement is ruining a generation of americans salon december 3, 2015. The first step act would give federal judges discretion to skirt mandatory minimum sentencing guidelines for more people. Reforming mandatory minimums law enforcement leaders.
Mandatory minimum sentences for many drug offenses were shortened, by up to onethird. Mandatory minimum sentencing of federal drug offenses. Mandatory minimums united states sentencing commission. Jun 11, 2016 in the mid 80s, congress passed the antidrug abuse act of 1986. A former federal judge told abc news that he regrets sentencing a man to 55 years in prison for multiple nonviolent drug deals involving marijuana. This judge didnt want to give a 55year marijuana sentence.
Crack cocaine offenders remained subject to mandatory minimum penalties at sentencing most often in 36. The average prison stay has increased 36 percent since 1990. Mandatory minimum sentences clergy for a new drug policy. Thousands freed from federal prison by first step act reforms. Supreme court rules federal sentencing guidelines and. New mandatory minimums added to bill seeking to reduce.
Sentencing commission to make crack guideline reductions retroactive. The bill does not repeal any federal mandatory minimum sentences, but. House sentencing reform compromise another step in. Mandatory sentencing laws often target moral vices such as alcohol, sex, drugs and crimes that threaten a persons. Mandatory minimum sentencing for drug offences unconstitutional say rights advocates cbc news january, 2016. Mandatory minimum sentencing might have a girlfriend problem. Families against mandatory minimums mandatory sentencing was. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine.
This bill would refocus scarce federal resources to prosecute major drug kingpins and give courts and judges the authority to use greater discretion to make individualized. Abstractthe us federal mandatory minimum sentences are controversial not only because of the length of the mandatory sentences for even firsttime offenders but also because eligibility quantities for crack cocaine crimes are small compared with those for other drug offenses. Today on capitol hill, congresswoman maxine waters dca, a congressional leader in the fight to eliminate mandatory minimum sentencing, reintroduced the major drug trafficking prosecution act h. The advocacy group families against mandatory minimums is trying to reform these kafkaesque drug laws by telling the stories of families impacted by them. Famm, a national criminal justice reform organization that fights against mandatory minimum sentences and for more clemency and compassionate releases, praised todays announcement. Chuck grassley, riowa, left, successfully added three amendments to the the smarter sentencing. Mandatory minimum sentencing might have a girlfriend problem congress forced federal judges to impose harsh sentences as a way to deter crime, but the result is. First, i am thrilled for our members and their families who suffered under a sentencing scheme that congress admitted was fundamentally flawed, said ms. Prior to 2010, the amount of crack cocaine an individual must posess in order to receive mandatory 5year sentencing was 1100th of the amount of powdered cocaine required for the same penalty. Sentencing guidelines created provision description of crime year minimum prison sentence drug trafficking 21 usc 841a, 841b1a. The current mandatory minimum laws, enacted during the crack cocaine epidemic of the mid1980s, have imposed too many burdens with no corresponding benefit. Congress passed historic, bipartisan legislation repealing a mandatory minimum sentence for the first time since the nixon administration and reforming the infamous 100toone ratio between powder cocaine and crack cocaine.
Jul 19, 2019 famm, a national criminal justice reform organization that fights against mandatory minimum sentences and for more clemency and compassionate releases, praised todays announcement. Most mandatory minimum sentences apply to drug offenses, but congress has also enacted them for other crimes, including certain gun, pornography, and economic offenses. Jun 01, 2011 last august, congress passed the fair sentencing act, a longtime famm priority that reduced the 100. It would expand to include people with limited criminal histories. This bill would have repealed massachusetts mandatory minimum drug laws. A person is convicted of selling 28 grams of crack cocaine. Famm strongly supports these recommendations and looks forward to working with members of congress to implement these reasonable and longoverdue reforms to crack cocaine sentencing. Combined changes to the sentencing guidelines and mandatory minimum statutes for crack cocaine would result in more appropriate penalties for roughly 5,000 defendants who face. Aug 24, 2015 a disturbing tale of mandatory minimum sentences. Families against mandatory minimums mandatory sentencing. Continuation of the multiyear examination of the overall. In summary, the discrepancy in federal sentencing between crack offenders and those convicted for other drugs does not appear to be driven by mandatory minimums, but.
Thats the year congress, in the socalled fair sentencing act, reduced the huge disparity in punishment between crack cocaine and the powdered form of the drug. Nov 18, 2018 in 1986, ronald reagan was president and a toughoncrime congress took advantage of a widespread alarm around crack cocaine to propose many of the mandatory minimum sentencing laws that are still. Testimony to ussc by julie stewart of famm 32300 united. Famm seeks to create a more fair and effective justice system that respects our american values of individual accountability and dignity while keeping communities safe. Famm celebrates sentencing commission approval of crack. Famm hails new beginning for thousands unjustly sentenced sentencing reformers mark first day of crack reform retroactivity washington families against mandatory minimums famm president julie stewart today celebrated the release of the first round of federal prisoners to benefit from the retroactive application of recently reduced crack. This paper shows that the impact of these mandatory minimums on sentencing is quite nuanced. However, despite several attempts at reform, the fair sentencing act of 2010 only managed to reduce the disparity between mandatory sentencing for crack vs.
Families against mandatory minimums wikimili, the free. In effect, the act reduced the disparity in quantities triggering mandatory minimum sentences between crack cocaine and powder cocaine from 100. Jun 30, 2011 families against mandatory minimums famm president and founder julie stewart celebrated todays unanimous vote by the u. Make the fair sentencing act fsa of 2010 retroactive, allowing approximately 6,500 crack cocaine offenders sentenced before august 3, 2010, to seek sentences in line with that laws reforms to the 100toone disparity between crack and powder cocaine mandatory minimum sentences. In 2004 the association called for the repeal of mandatory minimum sentences, stating that there is no need for mandatory minimum sentences in a guided sentencing system. House sentencing reform compromise another step in right direction october 8, 2015 contact. On its website, families against mandatory minimums includes a number of facts, highlighting the boom in prison populations, prison.
How maryland came to repeal mandatory minimums for drug offenders famm june 2, 2016. Have mandatory minimum jail sentences been an effective. Dec 10, 2016 in addition to the higher penalties imposed upon africanamericans as a result, the united states sentencing commission concluded in august 1991 that nonwhites were much more likely to receive mandatory minimum sentences and that these penalties were being applied in a discriminatory manner. It is time once again for congress to correct course and eliminate mandatory minimum sentences for drug offenders. Famm commends historic bipartisan approval of crack. Mandatory minimums and the sentencing of federal drug crimes.
Jan 11, 2018 prior to enactment, 5000 grams of powder cocaine or 50 grams of crack cocaine triggered the controlled substances acts 10year mandatory minimum, 21 u. The new law significantly reduces the cocaine sentencing quantity disparity from 100 to 1 to 18 to 1 by raising the quantity of crack cocaine necessary to trigger the five and tenyear mandatory minimum sentences first set in 1986. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. While this incremental change is a far cry from the equalization of crack and powder cocaine the commission recommended in 1995, it is a long overdue first step to improving crack sentences, said julie stewart, president of families against mandatory minimums famm, a national, nonpartisan sentencing reform organization. The first step act would make the reform retroactive. Sentencing used to be in the hands of a judge or jury. Famm commends historic bipartisan approval of crack cocaine sentencing reform. Therefore, to the extent to which policy makers and other interested parties want to reform sentencing practices for drug offenders and lessen the sentencing gap between crack offenders and those convicted of other drug offenses, it will not be sufficient to focus only on the laws for mandatory minimum sentences for example, as done by the fsa.
Famm hails new beginning for thousands unjustly sentenced. This bill would refocus scarce federal resources to prosecute major drug kingpins and give courts and judges the authority to use greater discretion to make individualized determinations. Federal mandatory minimum penalties for sex offenses. Thousands freed from federal prison by first step act. The government may elect not to prosecute the underlying offenses. Smarter sentencing act of 2017 115th congress famm. Drug sentencing and institutionalized discrimination. Famm urges the sentencing commission to apply lower crack. The biggest immediate impact of the bill would be felt by nearly 2,600 federal prisoners convicted of crack offenses before 2010. Families against mandatory minimums famm president and founder julie stewart celebrated todays unanimous vote by the u.
Securing mandatory minimum sentences has driven up. Famm is a nonprofit, nonpartisan organization that conducts research, promotes advocacy, and educates the public regarding the excessive cost of mandatory minimum sentencing. Famm supports making the fair sentencing act of 2010s reforms to crack cocaine mandatory minimum punishments retroactive, and eliminating the existing disparity between crack and powder cocaine sentences. Mandatory minimum sentences have existed at various times in u. May 16, 2007 in addition, the commission seeks authority to incorporate any future changes to the mandatory minimums for crack into the federal sentencing guidelines. In the 1980s, congress responded to the media frenzy around the crack cocaine. In the mid 80s, congress passed the antidrug abuse act of 1986. At its website, families against mandatory minimums has all this new content in conjunction with the effective date for the us sentencing commissions new reduced crack guidelines. January 2019 this publication examines the application of mandatory minimum penalties specific to federal sex. May 11, 2016 makes the fair sentencing act, which ended the disparity in mandatory minimum sentences between powder cocaine and crack cocaine convictions, retroactive. Mandatory minimums and sentencing reform criminal justice. Jun 11, 2012 adds mandatory minimum penalty for possession of. Make the fair sentencing act retroactive, so that it applies to all federal prisoners still serving mandatory minimum sentences under the old, 100to1 ratio.
Jun 01, 2017 in 2010, obama signed the fair sentencing act, repealing the fiveyear mandatory sentence for firsttime offenders and for repeat offenders with less than 28 grams of cocaine. Famm is promoting federal mandatory minimum sentencing reforms and prison reforms in the 115th congress. Mandatory minimum, three strikes youre out, and truth in sentencing laws are typically overly punitive. Mandatory sentencing minimums posted on february 10, 2017 july 25, 2018 by marcia shein in march of 2016 the united states sentencing commission detailed that more than half 56.
In addition to the higher penalties imposed upon africanamericans as a result, the united states sentencing commission concluded in august 1991 that nonwhites were much more likely to receive mandatory minimum sentences and that these penalties were being applied in a discriminatory manner. Put in perspective, the maximum jail sentence for simple possession of any other drug, including powder cocaine, was one year. Over 97,000 federal prisoners received sentences below the mandatory minimum term because they benefited from the safety valve exception to federal drug mandatory minimums, passed by congress in 1994 at famm s urging. For over two decades beginning in 1987, the sentencing guidelines had a near mandatory quality, and provided for sentences for drug quantities greater than the minimum trigger quantities in the drug statute 21 u.
Does the fsa benefit people who are already in prison. Federal crack cocaine sentencing the sentencing project. Two years later, new legislation added a fiveyear mandatory minimum sentence for simple possession of crack cocaine, with no evidence of intent to sell. Its all politics an unlikely alliance of tea party and liberal senators is working on legislation that could cut controversial. The bill passed unanimously through the senate and by voice vote with little opposition in the house. The fsa only changes federal crack sentencing laws. The commission received comment on proposed amendments to the federal sentencing guidelines. Families against mandatory minimums is a national nonprofit, nonpartisan organization supporting fair and.
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