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FOR IMMEDIATE RELEASE
Contact:
Joseph Rendeiro
jrendeiro@nclr.org
(202) 776-1566
Yesterday, Attorney General Eric Holder announced a sentencing reform proposal aimed at creating the supports to reduce recidivism and address practices that disproportionately impact racial and ethnic minorities. It includes a new policy that would effectively minimize the detrimental impacts of mandatory minimum sentences for nonviolent, low-level drug offenders. The policy change comes as part of an ongoing effort within the Department of Justice to review criminal justice laws to ensure that that they are enforced fairly and cost effectively. NCLR (National Council of La Raza) fully supports amending this policy, which will allow for more prosecutorial discretion in charging and reducing the number of incarcerated Latinos who have committed only minor offenses.
“A ‘one-size-fits-all’ punishment for drug-related offenses has resulted in wasteful spending on overcrowded jails that house too many individuals who pose little or no safety risk to our communities,” said Jennifer Ng’andu, Director of Civil Rights and Health Policy at NCLR. “We’re pleased to see Attorney General Holder taking much-needed steps to revamp a criminal justice system that currently puts first-time offenders on the permanent track to prison. The nation’s justice system should offer alternatives to incarceration, emphasize rehabilitation, and establish cost-effective strategies for dealing with low-level crimes.”
The announcement comes at a time when there is increasing recognition of the uneven punishment and sentencing practices carried out on minority offenders. Hispanics are disproportionately charged with nonviolent, low-level drug offenses and are more likely to be handed longer punitive sentences. According to The Sentencing Project, a national nonprofit which works to create a fair and effective U.S. criminal justice system, "despite equal rates of drug use proportionate to their populations, Hispanics are twice as likely as Whites, and equally as likely as Blacks, to be sent to state prison for a drug offense." The change in policy will make it possible for prosecutors of certain low-level, nonviolent drug offenses to consider other factors when charging a defendant, such as the defendant’s conduct and criminal history, or dismiss charges altogether.
“Too many of our young people become caught up in the criminal justice system because our first action is to jail and not to rehabilitate. The goal of our justice system should be to give people a chance to turn their lives around—not to ensnare low-level offenders in a system that will create tremendous obstacles for their future, whether it be finding housing or a job,” added Ng’andu. “Our law enforcement resources are better spent prosecuting dangerous criminals.”
The changes within the Attorney General’s proposal primarily impact federal sentencing practices; however, there is also critical need for reform at the state level. NCLR, along with a coalition of our California Affiliates, has also advocated for the passage of SB 649, a sentencing reform law that would also allow for greater discretion in charging drug offenders in the state. The bill—set to be voted on within the next several weeks—would give a prosecutor the authority to adjust the charge for possession of small quantities of drugs from an automatic felony to a misdemeanor/felony, based on the merits of the case.
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