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Obama Calls for Shorter Sentences for Nonviolent Convicts


obaCalling it an issue America can’t afford to ignore, President Barack Obama on Thursday laid out an expansive vision for fixing the criminal justice system by focusing on communities, courtrooms and cellblocks. He announced a federal review of the use of solitary confinement and urged Congress to pass a sentencing reform bill by year’s end.

In a speech to the NAACP’s annual convention, Obama also called for voting rights to be restored to felons who have served their sentences, and said employers should “ban the box” asking job candidates about their past convictions. He said long mandatory minimum sentences now in place should be reduced — or discarded entirely.

“In far too many cases, the punishment simply doesn’t fit the crime,” Obama told a crowd of 3,300 in Philadelphia. Low-level drug dealers, for example, owe a debt to society, but not a life sentence or 20-year prison term, he said.

With his speech to the prominent African-American advocacy group, Obama sought to put a spotlight on the need for new legislation as he mounted a weeklong push on criminal justice reform. A day earlier, Obama commuted the sentences of 46 nonviolent drug offenders — the most commutations a president has issued on a single day in at least four decades.

Upon arriving Tuesday in Philadelphia, Obama met with a number of former prisoners to discuss their experience re-entering society, the White House said. And on Thursday, Obama planned to put a personal face on the nation’s mushrooming prison population with a visit El Reno Federal Correctional Institution outside of Oklahoma City — the first visit to a federal prison by a sitting U.S. president.

The assertive moves reflected a president eager to wield his executive power during his waning years in office to reduce harsh sentences, cut costs and correct disparities he said have disproportionally burdened minorities. Earlier in his presidency, as he spent his political capital carefully on major domestic priorities, Obama spoke cautiously and only intermittently about the need for smarter sentencing and other justice changes.

But as of late, public attention has been piqued by a serious of upsetting incidents across the country. In places like Baltimore, New York and Ferguson, Missouri, tensions between law enforcement and their communities have spilled out into the open, underscoring longstanding concerns among minority communities that they’re treated differently in the criminal justice system.

Obama pointedly acknowledged that many people in the U.S. need to be in prison — “murderers, predators, rapists, gang leaders” — yet he said that in too many instances, law enforcement is treating young black and Latino men differently than their white peers.

“This is not just anecdotal. This is not just barbershop talk,” he said.

The White House said Obama wouldn’t hesitate to commute more sentences in the coming months if the circumstances were right. Yet Obama’s ability to address the problem unilaterally is limited, as the White House readily concedes. So Obama has set his sights on the kind of comprehensive fix that only Congress can provide.

“The statistics cannot be ignored. We cannot close our eyes anymore,” Obama said.

Working in Obama’s favor: tentative but optimistic signs of common ground between Republicans and Democrats.

Republicans in particular have spoken with growing enthusiasm about the need for structural change. Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, has been working on legislation that could reduce some mandatory minimums. Republican Sen. John Cornyn of Texas and Democratic Sen. Sheldon Whitehouse of Rhode Island are backing a bill that would steer lower-risk inmates into programs where they could earn earlier release by participating in recidivism-reduction programs.

In another positive sign for the prospects of justice reform, a number of 2016 presidential candidates have taken an active interest in the issue. Sen. Rand Paul, a Kentucky Republican, has mounted a vocal push to restore voting rights to nonviolent felons who have served their terms and to make it easier for people with criminal records to get jobs. Gov. Chris Christie, R-N.J., planned to give a speech Thursday in the troubled city of Camden focusing on nonviolent drug offenders.

But not all Republicans were receptive to Obama’s pitch. A group of 19 Republicans, led by House Judiciary Committee Chairman Bob Goodlatte of Virginia, wrote a letter Tuesday to Attorney General Loretta Lynch accusing Obama of blatantly usurping congressional authority and of using his pardon power for political purposes.

Since Congress enacted mandatory minimum sentences for drug crimes, the federal prison population has multiplied, from just 24,000 in the 1980s to more than 214,000, according to Families Against Mandatory Minimums. In 2010, Obama signed the Fair Sentencing Act, cutting penalties for crack cocaine offenses. And last year, the independent Sentencing Commission reduced guideline ranges for drug crimes and applied those retroactively.

(AP)



11 Responses

  1. Obama says “In far too many cases, the punishment simply doesn’t fit the crime,”
    OK so can you please then commute the sentence of Sholom Rubashkin or is this only going to benefit blacks & hispanics?

  2. Why should non-violent offenders be incarcerated at all? They should be fined, required to pay restitution, perhaps have restricted movements – but nothing is accomplished by locking them up at taxpayer expense.

  3. This is one of the only issues we can agree with the president. Actually his motives can be questioned though, had he really cared about justice, Rubashkin and Pollard would not be sitting in jail today.

    Hopefully congress can act so people sitting for minor crimes can be released.

    The other prison reform should focus on more human conditions in the jail and the inmates should work and contribute to society (including paying for their food and lodging. (More work the better the stay). This will take off the burden from the tax payers and may help them change their life path

  4. $5 – Pollard would not be considered “non-violent” since he was basically charged with treason. In fact, traditionally he would have been executed (in England in the “good old days” he would have been drawn and quartered).

    Also remember that an incrcerated inmate pays no taxes, so one has to add the revenue lost by not having a taxable income to the cost of incarceration.

    Incarceration as punishment is relatively new, and probably should be reconsidered. Under halacha, no one would ever be punished by being locked up, and that was true of most pre-modern legal systems.

  5. There is a serious problem with the sentence given to Sholom Rubashkin, and a legitimate and serious question about the continuing incarceration of Jonathan Pollard, but they are only 2 people in a country with 2,500,000 people in prison, and the president is not wrong to omit them from his current focus on excessive sentences. Messrs. Rubashkin and Pollard have had the benefit of substantial resources devoted to their cases, far more than many other non-violent offenders.

  6. It indeed sounds like Obama has caught a look at the multitude of problems of the criminal justice system. Here’s a very incomplete outline.

    1. For openers the average citizen needs to accept the idea that not everything he is doing is proper and may even need to be changed, even if he is not busted for them.

    2. Today’s police are hopelessly inadequate for the job. You need someone who can deal with the less that one percent of the situations that are not what they seem to be, with finesse. For example somebody who is speeding to a rest stop because he must defecate, really shouldn’t be given a ticket. However, the policeman should tell him it’s better to go in his pants than get into a dangerous traffic accident. This takes someone of superior character and intelligence, not a person from the middle of his high school class. This is all the more so if the policeman must actually fire a gun, testify in court, or even file a report. Gun freaks and hunters have no place on the police force.

    3. Lawyers, prosecutors, and public defenders must be primarily motivated by the civic good. Desire for things like status, money, ambition, and a lust for victory may even be disqualifications.

    4. Judges must be extremely intelligent and fair. They must be in dread of making a wrong decision even if its slight. Above all they must be horrified of convicting an innocent person. Cronyism with the cops and prosecutors as well as a fondness for stupid trite games are disqualifications.

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