Marc Maurer, the executive director of The Sentencing Policy appeared before the U.S. Sentencing Committee on March 17, to propose that the Fair Sentencing Act of 2010, also known as the crack cocaine law, consider the following:
• The crack cocaine guidelines should be set at a level that is not excessive, and is consistent with the spirit of the legislative change.
• The guidelines change should be made retroactive in order to benefit offenders currently in prison.
• The Commission should revise guidelines for other drug offenses as well in order to reduce excessively lengthy imprisonment.
Mauer told the committee that federal correctional facilities are 36% over capacity, and are filled with a disparate number of people of color. Maurer further stated that 51% of federal prisoners were convicted on drug charges. In 1980 the number of federal prisoners serving time on drug charges was 4,749. In 2009 that number exploded to 955,205. This jump has a direct correlation to the crack cocaine law implemented in the 1980’s. According to Maurer, there was no increase in public safety after the law was passed. Most of those sentenced were not high ranking members of a drug dealing organization, yet two-thirds of them received mandatory five or ten year sentences.
Maurer’s testimony related that a number of federal judges believe the mandatory minimum sentences for drug offenses are too harsh, and 76% of judges would like to see the “safety valve” be increased, so that judges could have more leeway in sentencing.
While appreciating the Sentencing Committee’s recognition that the crack cocaine law was unjust, and commending them for making changes, Maurer asserted that, “It is unthinkable that this legislative victory, which was influenced by a long history of injustice, would not apply to currently incarcerated for a crack cocaine offense under the old sentencing structure.” By making the law retroactive, the element of racial disparity in crack cocaine sentencing would be addressed and rectified, notes Maurer. The federal prison budget would be reduced significantly, and the need to build more federal prisons would be negated. Maurer’s testimony provided those with an interest in criminal justice reform an articulate argument as to why the Sentencing Commission should incorporate his suggestions into the Fair Sentencing Act of 2010 quickly, and courageously.
To view Mark Maurer’s testimony click here to go to website
Source: The Sentencing Project
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