Sentancing reform

About 25 years ago Congress issued mandatory minimum sentencing in prisons across the nation resulting in petty drug offenders serving years to decades and filling up our nation’s major systems. This is causing overcrowding in today’s prison systems because double-digit sentencing is at an all-time high. State laws like Michigan’s “650 Lifer” law, under which sale of 650 grams of cocaine or heroin, even for a first offense, resulted in an automatic sentence of life without parole. Laws like these are keeping our nonviolent offenders in prison and letting more violent prisoners back onto the streets before they’ve served their full sentence to make room for the massive influx of criminals.

Congress has, however, begun to take steps in the right direction. Last year Congress passed the Fair Sentencing Act which raises the minimum amount of crack cocaine needed to trigger certain infamous five- and ten-year sentences, and eliminating mandatory minimums for crack possession. However, there is still a great deal of work to be done before certain laws that many are calling “unjust” are overruled and removed from our nations courts. One law in particular being boasted and sponsored by www.stopthedrugwar.org is H.R. 2303 or the "Major Drug Trafficking Prosecution Act." This act, which is being proposed by Rep. Maxine Waters (D-CA), would eliminate mandatory minimums to reduce the incentive prosecutors have to go after large numbers of low-level offenders. This is so prosecutors are forced to target higher level criminals instead of the small easier won cases against non-violent, low level drug users.

Sentencing reform is receiving so much attention because many feels it should help stop the drug war by making the Mexican drug cartels in America the main focus point for prosecutors. This law would however give other drug dealers a pass and could make these less stingy a target for drug dealers who are looking to take advantage of less strict drug laws. This act also wouldn’t help the overcrowding problem our prison system is facing. What this act does is make us ask who we should target and I think it is the drug cartels. While the small time dealers are the ones who are selling to the users, it is the cartels who are supplying the small time dealers. This act will hopefully cut off the head of the snake and give its body a pass or maybe 5 years if it’s unlucky.