In 2016, Human Rights Watch and the American Civil Liberties Union (ACLU) issued a joint report entitled Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States. Our research found that, at the time, every 25 seconds in the United States, someone is arrested for the simple act of possessing drugs for their personal use. The Strategy builds on the Presidents FY 23 budget request for a $300 million increase to support the work of Customs and Border Protection (CBP)one of the largest Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. [38] In addition, they bear the stigma associated with the labels of drug offender the state has stamped on them, subjecting them to private discrimination in their daily interactions with landlords, employers, and peers. As an example, earlier this month we discussed how influential a single memorandum sent by the Attorney General of the United States to all federal prosecutors will be in future criminal defense cases involving federal felony charges. Read, Policy Changes in Charges, Pleas, and Sentencing for Federal Drug Crime Prosecutions: New AG Garland DOJ Directive. mr. mario puentes sentencing memorandum . In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. Share this via Twitter On appeal, he challenged the district courts denial of his motion for a The MORE Act removes marijuana from the Controlled Substances Act and begins to repair the harm marijuana prohibition has caused to millions of people, particularly people of color, by establishing a fund for social equity programs to reinvest in affected communities. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. WebThe Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. Critical to criminal defense advocacy is the recognition in the USSC Report that many federal defendants faced enhancements under the USSG because of past convictions on marijuana crimes in state court. This is true even if that state has changed its marijuana laws or even made marijuana possession legal since the person was convicted on the state marijuana charge. My name is Nicole Austin- Hillery and I am the Executive Director of the US Program at Human Rights Watch. [3] More than one of every seven arrests by state law enforcement is for simple drug possession. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. The United States Sentencing Commission, an independent agency in the judicial branch of the federal government, was organized in 1985 to develop a national sentencing policy for the federal courts. The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. Defendant stole over $400,000 from her elderly uncle. The career-offender Guidelines con-trolled because they recommended a higher sentence than [26] Yet, in the US, Black adults are three times as likely as white adults to be arrested for simple drug possession. In Texas, there are mandatory minimum sentences for someone found guilty of a federal drug crime. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. Federal law allows states to lock people out of welfare assistance and public housing for years and sometimes even for life based on a drug conviction. Possession Laws: Federal drug statutes outline mandatory drug sentences for the distribution, manufacturing, and possession with the intent to distribute for a variety of substances. S. 2123, the Sentencing Reform and Corrections Act of 2015 (SRCA), is also sponsored by Senators John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), Charles Schumer (D-NY), Lindsey Graham (R-SC), Patrick Leahy (D-Vt.), Cory Booker (D-N.J.) and Tim Scott (R-SC). The SRCA bill narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening the authority of federal judges to sentence below set mandatory minimums for individuals with criminal histories that do not include serious drug or violent offenses. It also determined that petitioner was a career of-fender under the Sentencing Guidelines. Reform of the federal criminal justice system is urgently needed to restore balance to a system in crisis. It is the burden of increased police presence and surveillance which equals not just more drug arrests but more arrests in total, in addition to the other non-quantifiable damage that comes from living under police scrutiny. 1-2. Harsh sentencing guidelines. [23] Human Rights Watch, Decades of Disparity: Drug Arrests and Race in the United States (New York: Human Rights Watch, 2009), https://www.hrw.org/report/2009/03/02/decades-disparity/drug-arrests-and-race-united-states, pp. I am honored to have this opportunity to address the committee regarding ways to effectively, and fairly, approach drug policy in the United States. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 see e.g., 27 Many states facing unsustainable prison growth have enacted sentencing reforms to expand alternatives to incarceration and shorten sentences for non-violent offenders, with good results. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to Current guidelines require that judges impose on such a defendant a sentence under "Level 32" guidelines, requiring a 121 to 151 month incarceration. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. [59] Human Rights Watch, Nation Behind Bars: A Human Rights Solution (New York: Human Rights Watch, 2014), https://www.hrw.org/news/2014/05/06/us-nation-behind- bars#:~:text=The%2036%2Dpage%20report%2C%20%E2%80%9C,highest%20reported%20rate%20of%20incarcerat ion, p. 3. Department of Justice U.S. Attorneys Office District of Massachusetts. In Part One, the USSC Report evaluates trends in these types of sentences since 2014. [27] Drug Policy Alliance, 2020 Annual Report, February 17, 2021, https://drugpolicy.org/resource/drug-policy-alliance-annual-report (accessed March 9, 2021), p. 11. It also includes efforts to strengthen domestic law enforcement cooperation to disrupt the trafficking of illicit drugs within the United States, and increase collaboration with international partners to disrupt the supply chain of illicit substances and the precursor chemicals used to produce them. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. Allows reduced sentences to be retroactively applied for crimes a person committed under the age of 18 if they serve at least 20 years and are not an immediate danger to anyone. However, drug producers continue to produce entirely new synthetic drugs, and drug traffickers continue to refine their methods and techniques for distributing them throughout our communities. by Lisa Backus July 1, 2021, 12:00 pm. Nearly 70% of the nation's federal drug trafficking defendants will have their sentences reduced by an average of 11 months, thanks to recent amendments to U.S. federal sentencing laws for drug crimes by the U.S. It also creates a process by which people with federal marijuana convictions can have their records for these convictions expunged, in some cases automatically, or can be resentenced. The First Step Act amended the statute providing for compassionate release to allow defendants for the first time to file for compassionate release, without having the Director of the Bureau of Prisons make a motion. In this section, learn about the Commissions mission, structure, and ongoing work. Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. The Commission establishes sentencing policies and practices for the federal courts. [63] Human Rights Watch, Nation Behind Bars, p. 1. Some want to make it easier for people to get out of prison. A defendants sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. The Justice Safety Valve Act of 2019 which would allow courts to impose a sentence below a mandatory minimum if the court finds that it is necessary to do so in order to impose a sentence that is not greater than necessary to comply with the statutory purpose of sentencing laid out in 18 U.S.C. Secure .gov websites use HTTPSA lock ( [28] Human Rights Watch, Every 25 Seconds, p. 5. 1775 0 obj <>stream Over-reliance on prison is fiscally unsustainable and has imposed a burdensome human toll and a disparate impact on African-American and Latino persons and communities. Commissioners are nominated by the President and confirmed by the Senate. The legislation, which aims to end a longstanding [36] Human Rights Watch, Every 25 Seconds, p. 2. In federal plea negotiations, it can be life-changing to have an experienced criminal defense attorney as advocate particularly when past marijuana charges are involved. Too many times, there are those who will take a plea offered by the government attorney because they have no faith in the system itself, or because they do not understand the complexities of the federal system. A federal defense lawyer will understand that federal plea negotiations must consider the possibility of cooperators offering assistance and their self-serving bias in the case, for instance. The lawyer will also be well-versed in the innerworkings of the USSG Manual and its Sentencing Tables. The Senate Judiciary Committee approved S. 2123 in a 15-5 vote on October 22, after rejecting several amendments. [39], In 2021, the nation experienced a national election with record-breaking numbers of voters engaged in the electoral process, yet 5.2 million Americans were forbidden to vote because of felony disenfranchisement, or laws restricting voting rights for those convicted of felony-level crimes.[40] Many of these individuals have a drug conviction that prevents them from enjoying full civic participation. The Act expanded eligibility to certain offenders with more than one criminal history point. [18], More broadly, the war on drugs has contributed significantly to the problem of mass incarceration in the United States. With just 5% of the worlds population, the U.S. holds nearly a quarter of the worlds prisoners, including one-third of all women incarcerated worldwide. It calculates how many of the total federal sentences in fiscal year 2021 included criminal history points under USSG Manual Chapter Four for prior marijuana possession sentences. The Mandatory Minimum Reform Act of 2020 would eliminate mandatory minimum sentences for drug offenses. It instructs federal agencies to prioritize actions that will save lives, get people the care they need, go after drug traffickers profits, and make better use of data to guide all these efforts. For criminal defense lawyers who represent clients facing federal drug crime charges, the new USSC Report is a necessary read. The USSC Report focuses upon sentencing in cases for the offense of simple possession of marijuana. Essentially, it does two things: Here are its Key Findings as summarized by the USSC in its Summary: Federal Sentencings for Simple Possession of Marijuana, Impact of Prior Sentences for Simple Possession of Marijuana. The cost to those incarcerated, their families and communities, is devastating. Today, President Biden sent his Administrations inaugural National Drug Control Strategy to Congress at a time when drug overdoses have taken a heartbreaking toll, claiming 106,854 lives in the most recent 12-month period. WebFEDERAL TRAFFICKING PENALTIES DRUG/SCHEDULE QUANTITY. An error occurred while subscribing your email address. One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines. In addition to the vast numbers of people arrested for simple drug possession, many other people end up behind bars and serving extremely harsh sentences, often for low-level drug sales, crimes generally committed to support drug use or to alleviate poverty. WebThe FSA modifies mandatory minimum sentences for some drug traffickers with prior drug convictions by increasing the threshold for prior convictions that count toward triggering higher mandatory minimums for repeat offenders, reducing the 20-year mandatory minimum (applicable where the offender has one prior qualifying conviction) to a 15-year Serious changes occurred by the adoption of newly defined federal drug crimes and totally new [10] There are injustices and corresponding harms at every stage of the criminal process, harms that are all the more apparent when, as often happens, police, prosecutors, or judges respond to drug use as aggressively as the law allows. Jan. 13, 2022 WASHINGTON Thousands of federal inmates will become eligible for release this week under a rule the Justice Department published on Thursday As part of his guilty plea, Walker admitted that on February 12, 2022, he drove a rental vehicle from his residence in Elmira to Cortland, New York. [56] On the contrary, it requires a more direct focus on effective measures to reduce the harms associated with problematic drug use, and providing voluntary access to treatment and support for those who struggle with it. At sentencing, scheduled for June 21, 2023, Walker faces at least 10 years and up to life in federal prison, a maximum fine of $10,000,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. Nearly half of all federal prisoners are serving sentences for nonviolent drug crimes. This procedural option is not yet accounted for in the guidelines, leading most appellate courts to hold that the Commissions policy statement governing compassionate release does not apply to motions filed by defendants. 1698 0 obj <>/Filter/FlateDecode/ID[<6250C5209F8E424C81546E61397A5135><10E6829CBB4E4A459A637594FDD47748>]/Index[1670 106]/Info 1669 0 R/Length 134/Prev 239075/Root 1671 0 R/Size 1776/Type/XRef/W[1 3 1]>>stream Human Rights Watch is not aware of any empirical evidence that low-level drug possession defendants would otherwise go on to commit violent crimes. Congress has an opportunity to make transformative changes to drug policies that finally provide an equitable, compassionate, and sound solution to addressing the numerous concerns laid out in this testimony. Connecticut Supreme Court building in Hartford. [5] Human Rights Watch, Every 25 Seconds, p. 2. From a criminal defense viewpoint, the USSC Report appears to be the necessary cornerstone for the USSC to amend its USSG for marijuana possession charges in the future. How much the new USSC Report can sway lawmakers to amend the current Controlled Substances schedule of the CSA, removing marijuana from its current Schedule I classification, has yet to be seen. The new sentencing commission chair, Carlton Reeves, said during a public hearing in October that setting new guidelines for compassionate release is a top priority. Fine of not more than $5 million It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose risk and mortality. Although the amount cannot be quantified, the enormous resources spent to identify, arrest, prosecute, sentence, incarcerate, and supervise people whose only offense has been possession of drugs is hardly money well spent, and it has caused far more harm than good. [45] Ibid., p. 12; Susan Stellin, Is the War on Drugs Over? [17] It punishes an activity that does not directly harm others. MR. MARIO PUENTES SENTENCING MEMORANDUM . ABA Racial and Ethnic Profiling Policy (2008), ABA Racial Disparities in the Criminal Justice System Policy (2004), ABA Sentencing Policy on Effective Criminal Sanctions (2007), American Bar Association This report updates an earlier 2016 research study conducted by the USSC, and focuses upon federal sentencing in cases involving simple possession of marijuana in violation of federal law. WebOther Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) Any amount . [74] US: House Votes to End Marijuana Prohibition, Human Rights Watch News release, December 4, 2020, https://www.hrw.org/news/2020/12/04/us-house-votes-end-marijuana-prohibition. This press release made available at FAMM provides this report on a new state bar report urging drug sentencing reforms in Massachusetts: Massachusetts must It also approved on November 18 by voice vote a separate bill, H.R. [46] Criminalizing drugs is not an effective public safety policy. [20] Human Rights Watch, Every 25 Seconds, p. 4. Webschedule II drug. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May [16] Human Rights Watch, Every 25 Seconds, p. 3. The new sentencing commission chair, Carlton Reeves, said during a public hearing in October that setting new guidelines for compassionate release is a top priority. At sentencing, scheduled for June 21, 2023, Walker faces at least 10 years and up to life in federal prison, a maximum fine of $10,000,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. The House Judiciary Committee approved bipartisan legislation to overhaul federal civil asset forfeiture laws, H.R. Lastly, the USSC Report considers how these points impacted the offenders criminal history category in the calculation of the sentence to be imposed under the USSG. For more on how the sentencing guidelines work in a particular case, read some of our earlier discussions of the USSG with examples of how the Sentencing Tables are used: The newly published USSC Report is the latest in a series of research reports compiled by the USSC. It builds upon an earlier report entitled Simple Possession Of Drugs in the Federal Criminal Justice System, published by the Commission on September 21, 2016. While USSC research reports are not the stuff of formal amendments to the USSG themselves, they are still very important. As we now pivot to work on the final priorities set forth today, we look forward to a careful and detailed examination of these issues and our continued interaction with the public to ensure the federal sentencing guidelines properly reflect current law and promote uniformity in sentencing., The Commission will also address circuit conflicts, examine other key components of the guidelines relating to criminal history, and begin several multi-year projects, including an examination of diversion and alternatives-to-incarceration programs. [8] What these numbers tell us is that there is a human cost to criminalizing personal drug use and possession in the United States. Please try again. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. [31] It is actually more than just the burden of drug arrests. [37] People convicted of simple drug possession may no longer qualify for educational loans; they may be forced to rely on public transport because their drivers license is automatically suspended; they may be banned from juries and they may face deportation if they are not US citizens, no matter how long they have lived in the US or how many family members live in the country. [11], Families, friends, and neighbors understandably want government to take actions to prevent the potential harms of substance use disorder. In addition, the U.S. Department of Justice generally has treated marijuana possession offenses as a low enforcement priority in recent years. USSC Report p. 1. Help us continue to fight human rights abuses. The Commission establishes sentencing policies and practices for the federal courts. And the Strategy includes specific actions to improve access to medication for opioid use disorder (MOUD) programs for jails and prisons; identify ways to advance racial equity in the investigation, arrest, and sentencing for drug related offenses without negatively impacting public safety; divert non-violent individuals from the criminal justice system and juvenile justice systems to treatment when appropriate; and remove barriers and expand supportive services to help reintegrate people into society after incarceration. Over the last 30 years the United States has come to rely on its criminal justice system and lengthy prison terms more than any other nation. 5283, the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (DUE PROCESS Act) by voice vote on May 25, 2016. [47], Criminalization is also a counterproductive public health strategy. Michael Lowe is Celebrating Over 20 YEARS of Service. New York Penal Law Sections 221.05 - 221.30 (possession of marijuana) Penalties and Sentences. [33] Any solutions should also include a focus on communities and the needs identified by community members themselves and not simply those identified by politicians and outside stakeholders. Essentially, the USSG consider two components to establish the sentencing guideline range: (1) the criminal history of the individual who has been charged and (2) the seriousness of the offense(s) itself. Read An Overview of the Federal Sentencing Guidelines published by the USSC. See: The New 2016 Marijuana Laws: What It Means For Texas. Get the world's top human rights news, straight to your inbox. [49] Human Rights Watch, Every 25 Seconds, p. 3. hbbd```b``"H\vD2KlY0 f"X,lBXXL.` D} RlZg b"m~.F6QPl`H7i!3` The Commission also set out its intent to implement criminal provisions contained in the Bipartisan Safer Communities Act, which includes increased penalties for certain firearms offenses, and other legislative enactments that require Commission action. We investigate abuses, expose the facts related to those abuses and pressure those with power to respect rights and secure justice. These limitations amount to individuals taking on the moniker of second class citizens., Laws criminalizing the possession of drugs for personal use are inconsistent with respect for human autonomy, which is at the heart of the right to privacy, and contravene the human rights principle of proportionality in punishment. Federal criminal justice system is urgently needed to restore balance to a system in crisis, they are still important. 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