The Fair Sentencing Act:

Create a Loophole

Amend existing laws so that mandatory minimums can be thrown out or reduced when appropriate

Utilized when sentence seems unfair or unjust

determined by set guidelines by the National Sentencing Commission

refocus Federal resources to major drug crimes

Fair Sentencing Act

President Barack Obama, 2010

100:1 18:1

Repealed mandatory minimum for simple possession of crack

100:1

Potential to affect as many as 3,000 prisoners a year - reducing the average sentence by up to 2 years

Could potentially save an estimated $155,028,000

a year in government spending

The Problem

Crack to Powder Cocaine

• Prison overcrowding
• Overrepresentation of Minorities
• Warehousing of nonviolent drug offenders
• Costly: $25,838 annually per prisoner
• Only 10% of those who need drug treatment actually receive it
• High rates of recidivism

• Possession of 1 gram of crack triggered mandatory sentence of 5 years in prison
• 85% of those sent to prison on mandatory minimum sentences for crack possession are African American
• No chemical difference between crack and powder forms of cocaine

The Fair Sentencing Act:

Only a "First Step"

A First Step in Drug Sentencing Reform

Repeal all mandatory minimums

Parole:

Annual cost of $3,433 v. $25,838 for prison

Drug Courts

Community Monitoring and Treatment Programs

More effective in reducing recidivism caused by drug use

Mandatory Minimums

The War on Drugs "tough on crime" approach to solving the drug problem

References

• Set minimum sentences for drug crimes
• Add time for criminal history
• Add time for associated "violence"
• Does not take context into account
• Does not allow for Judge discretion in sentencing

American Civil Liberties Union. (2015). Fair Sentencing Act. Retrieved from: https://www.aclu.org/fair-sentencing-act

Benefit & cost savings: The smarter sentencing act of 2015. (2014). Retrieved from http://famm.org/get-involved/

Humphreys, K. (2012). Federal policy on criminal offenders who have substance use disorders: How can we maximize public health and public safety. Substance Abuse, 33, 5-8.

La Vigne, N., & Samuels, J. (2012). The Growth and increasing cost of the federal prison system. Retrieved from http://www.urban.org/

Lune, E., & Cassell, P.G. (2010). Mandatory minimalism. Federal Sentencing Reporter, 22(1), 1-84.

Mauer, M. (2010). Beyond the Fair Sentencing Act. Nation. 291(26), 12.

Stitt, J.S. (2010). Worth fighting for: Keeping the promise of sentencing reform. Federal Sentencing Reporter, 23(2), 126-131

Taxman, F.S., Perdoni, M.L., & Caudy, M. (2013). The plight of providing appropriate substance abuse treatment services to offenders: modeling the gaps in service delivery. Victims and Offenders, 8, 70-93.

What Can We Do Now?

Smarter Sentencing Act of 2015

• Reduces existing mandatory minimums
• Creates a loophole or safety valve
• Fair Sentencing Act to apply retroactively

• Save Over $3 Billion in 10 years
• Reduce prison overcrowding from 136% to 108% by 2024

• 8,829 people could repeal sentences (approx 87% of which are African American)

Get Involved: How Can You Support Drug Sentencing Reform?

FAMM: Families Against Mandatory Minimums

• Stay Informed
• Donate
• Write, Call, or visit state and federal lawmakers
• Visit

famm.org/get-involved/

The Fair Sentencing Act:

A first Step in Drug Sentencing Reform