The United States NY Federal drug sentencing guidelines compel disproportionately harsh sentences with a primary focus on racial disparity among poor communities. Drug crimes account for 51% of the offenses in federal prison and of the 195,933 federal inmates 69.7% of those individuals are African Americans and Hispanics. That is nearly three quarters of the total prison population. This exhibits the racial disparity within the prison system. Studies from Rehavi of the University of British Columbia and professor at The University of Michigan explains that the racial gap and discrimination of African Americans to White Americans are due to mandatory minimum filings by the prosecutor; black males are twice as likely to be affected by these
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The fact that it is said it deters crime seems preposterous to me. As of 2015 high security USP are 40-51% over crowded and FCI med/low facilities are at about 35% overcrowding meaning this is a safety and violation of rights article *. As for the recent claim in decline of prison population is the 2010 Fair Sentencing Act. This act amended the disparity between crack and powder cocaine offenses which unduly targeted poor African Americans. We also might see a slight decline in the up coming years due to the 2015 Drugs minus Two Act, which are guideline sentences. This has allowed for about 51,000 inmates to have their sentences reduced by at least 23 months. However, this excludes offenders sentenced to mandatory minimums as they are controlled by congress, career offenders-this is a different guideline, and anyone with very high or low base line offenses will also not be affected (level 12 and below and level 38 or above). But this does affect an offender who receives a downward departure (cooperation agreement, snitches, rats). The judge now has the ability to sentence the offender to the guidelines. This is more progress than we have ever seen but is still a drop in the bucket; mandatory minimums need to be a thing of the past and replaced with more usual and humane punishment that fits the crime and keeps families and children in tact. Severe punishment violates the inherent dignity of persons, the right to be free of cruel and degrading punishment, and the right to
The fact that it is said it deters crime seems preposterous to me. As of 2015 high security USP are 40-51% over crowded and FCI med/low facilities are at about 35% overcrowding meaning this is a safety and violation of rights article *. As for the recent claim in decline of prison population is the 2010 Fair Sentencing Act. This act amended the disparity between crack and powder cocaine offenses which unduly targeted poor African Americans. We also might see a slight decline in the up coming years due to the 2015 Drugs minus Two Act, which are guideline sentences. This has allowed for about 51,000 inmates to have their sentences reduced by at least 23 months. However, this excludes offenders sentenced to mandatory minimums as they are controlled by congress, career offenders-this is a different guideline, and anyone with very high or low base line offenses will also not be affected (level 12 and below and level 38 or above). But this does affect an offender who receives a downward departure (cooperation agreement, snitches, rats). The judge now has the ability to sentence the offender to the guidelines. This is more progress than we have ever seen but is still a drop in the bucket; mandatory minimums need to be a thing of the past and replaced with more usual and humane punishment that fits the crime and keeps families and children in tact. Severe punishment violates the inherent dignity of persons, the right to be free of cruel and degrading punishment, and the right to