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Obama reduces sentences of 46 inmates convicted of nonviolent drug crimes Obama reduces sentences of 46 inmates convicted of nonviolent drug crimes
(35 minutes later)
Barack Obama commuted the sentences of 46 men and women convicted for nonviolent drug offenses on Monday, doubling the number of prisoners he will have freed early through executive action during his presidency.Barack Obama commuted the sentences of 46 men and women convicted for nonviolent drug offenses on Monday, doubling the number of prisoners he will have freed early through executive action during his presidency.
“These men and women were not hardened criminals,” Obama said in his announcement. “But the overwhelming majority had been sentenced to at least 20 years. Fourteen of them had been sentenced for life for nonviolent drug offenses. So their punishments didn’t fit the crime.”“These men and women were not hardened criminals,” Obama said in his announcement. “But the overwhelming majority had been sentenced to at least 20 years. Fourteen of them had been sentenced for life for nonviolent drug offenses. So their punishments didn’t fit the crime.”
Nearly all the prisoners were convicted on charges related to the possession or distribution of crack or cocaine. Two were serving sentences of more than 20 years for possession with intent to distribute marijuana.Nearly all the prisoners were convicted on charges related to the possession or distribution of crack or cocaine. Two were serving sentences of more than 20 years for possession with intent to distribute marijuana.
All were all convicted between 1990 and 2008, before Congress passed the Fair Sentencing Act in 2010, which reduced the disproportionately longer sentences given out for crimes involving crack cocaine versus its powder form. “If they’d been sentenced under today’s laws nearly all of them would’ve served their time,” Obama added.All were all convicted between 1990 and 2008, before Congress passed the Fair Sentencing Act in 2010, which reduced the disproportionately longer sentences given out for crimes involving crack cocaine versus its powder form. “If they’d been sentenced under today’s laws nearly all of them would’ve served their time,” Obama added.
The prisoners’ sentences will now expire on 10 November. Over his six years in office Obama has now granted commutations for 89 prisoners, 79 this year, and more than any president since Lyndon Johnson. Ronald Reagan commuted only 13 sentences, Bill Clinton 61 and George W Bush 11.The prisoners’ sentences will now expire on 10 November. Over his six years in office Obama has now granted commutations for 89 prisoners, 79 this year, and more than any president since Lyndon Johnson. Ronald Reagan commuted only 13 sentences, Bill Clinton 61 and George W Bush 11.
“We’re thrilled to see that more folks serving excessively long sentences for nonviolent drug offenses are going home,” said Julie Stewart, president of Families Against Mandatory Minimums.“We’re thrilled to see that more folks serving excessively long sentences for nonviolent drug offenses are going home,” said Julie Stewart, president of Families Against Mandatory Minimums.
“Let’s keep these commutations coming, while remembering that clemency is a tool made necessary by our failure to reform mandatory minimum sentencing laws. Congress simply can’t act fast enough.”“Let’s keep these commutations coming, while remembering that clemency is a tool made necessary by our failure to reform mandatory minimum sentencing laws. Congress simply can’t act fast enough.”
In his letters to each of the prisoners, Obama wrote that the president’s clemency powers embody “the basic belief in our democracy that people deserve a second chance after having made a mistake”.In his letters to each of the prisoners, Obama wrote that the president’s clemency powers embody “the basic belief in our democracy that people deserve a second chance after having made a mistake”.
“Now it is up to you to make the most of this opportunity,” he wrote. “It will not be easy, and you will confront many who doubt people with criminal records can change. Perhaps even you are unsure of how you will adjust to your new circumstances.“Now it is up to you to make the most of this opportunity,” he wrote. “It will not be easy, and you will confront many who doubt people with criminal records can change. Perhaps even you are unsure of how you will adjust to your new circumstances.
He concluded: “I believe in your ability to prove doubters wrong, and change your life for the better. So good luck, and Godspeed.”He concluded: “I believe in your ability to prove doubters wrong, and change your life for the better. So good luck, and Godspeed.”
In contrast to the large number of commutations, Obama has only pardoned 64 prisoners, fewer than all his predecessors since James Garfield’s six-month tenure as president in 1881. Commutation shortens the sentence but leaves the conviction, while a pardon nullifies the conviction.In contrast to the large number of commutations, Obama has only pardoned 64 prisoners, fewer than all his predecessors since James Garfield’s six-month tenure as president in 1881. Commutation shortens the sentence but leaves the conviction, while a pardon nullifies the conviction.
Recent presidents have been far more likely to pardon prisoners than commute them, especially during their second term. Reagan and Clinton pardoned almost 400 people each over their eight years in office, and Bush pardoned almost 200.Recent presidents have been far more likely to pardon prisoners than commute them, especially during their second term. Reagan and Clinton pardoned almost 400 people each over their eight years in office, and Bush pardoned almost 200.
Obama has also shied from high-profile pardons that could have provoked controversy, such as Gerald Ford’s pardon of Richard Nixon.Obama has also shied from high-profile pardons that could have provoked controversy, such as Gerald Ford’s pardon of Richard Nixon.
The Obama administration has in part blamed the glacial doling out of mercy on paperwork and backlog – the Justice Department’s Office of the Pardon Attorney, where only a handful of attorneys work, has received almost 20,000 total applications.The Obama administration has in part blamed the glacial doling out of mercy on paperwork and backlog – the Justice Department’s Office of the Pardon Attorney, where only a handful of attorneys work, has received almost 20,000 total applications.
“This is a step in the right direction but we can’t end mass incarceration until we really see more concrete action in ending the drug war,” said Michael Collins, policy manager at the Drug Policy Alliance (DPA), an organization that supports comprehensive reform.
“The reality is there are thousands languishing behind bars for nonviolent drug offenses,” he said. “It’s really up to Congress to take the lead and take action.”
Congressman Steven Cohen also praised the commutations while pointing out the sheer costs of incarceration, an estimated $30,000 of taxpayer money every year per prisoner. “While we have made progress over the last few years in Congress, the laws that continue to create racially biased and unjust sentences still need to be reformed,” Cohen said. “In the meantime, I am pleased that President Obama is using his constitutional powers to help bring these inmates the justice they deserve and to save taxpayer money.”
The prisoners granted clemency face a difficult path, said former inmate Anthony Papa, who spent 12 years in prison for a nonviolent drug charge, received clemency from former New York governor George Pataki, and now works as an activist affiliated with DPA.
“It’s like getting slapped in the face,” Papa said. “You spend 10 to 15 years in prison and suddenly you have your freedom. It’s not an easy road.”
“But I think the president is doing the right thing, trying to lead to fix an archaic and outdated system that needlessly locks up many nonviolent offenders. The system’s broken.”
Obama and former attorney general Eric Holder have periodically highlighted criminal justice reform as a priority for reform, particularly with regard to drug offenses. In 2011 the US Sentencing Commission made new sentencing guidelines retroactive, and last year the Justice Department invited thousands to seek new sentences as part of an effort to reduce the prison population and unequal sentences for African Americans. Holder also called for prosecutors to seek reduced sentences for drug offenses.Obama and former attorney general Eric Holder have periodically highlighted criminal justice reform as a priority for reform, particularly with regard to drug offenses. In 2011 the US Sentencing Commission made new sentencing guidelines retroactive, and last year the Justice Department invited thousands to seek new sentences as part of an effort to reduce the prison population and unequal sentences for African Americans. Holder also called for prosecutors to seek reduced sentences for drug offenses.
The president has also backed the Smarter Sentencing Act, which would reduce mandatory minimum sentences for drug violations and expand judges’ ability to use discretion on a case-by-case basis.The president has also backed the Smarter Sentencing Act, which would reduce mandatory minimum sentences for drug violations and expand judges’ ability to use discretion on a case-by-case basis.
Obama said that the commutations are in part motivated by “the inequities of the criminal justice system”, namely “the fact that we spend over $80bn a year in incarcerating people oftentimes who’ve only been engaged in nonviolent drug offenses”.Obama said that the commutations are in part motivated by “the inequities of the criminal justice system”, namely “the fact that we spend over $80bn a year in incarcerating people oftentimes who’ve only been engaged in nonviolent drug offenses”.
He also alluded to some of the bipartisan support for reform of criminal sentencing. Republican senators Rand Paul and Ted Cruz have called for reform alongside Democrats, the Koch brothers, the ACLU and the Center for American Progress, a liberal thinktank.He also alluded to some of the bipartisan support for reform of criminal sentencing. Republican senators Rand Paul and Ted Cruz have called for reform alongside Democrats, the Koch brothers, the ACLU and the Center for American Progress, a liberal thinktank.
Obama added that he will outline ideas for criminal justice reform, including ways to change spending, in a speech on Tuesday in Philadelphia.Obama added that he will outline ideas for criminal justice reform, including ways to change spending, in a speech on Tuesday in Philadelphia.