Women Criminal Defense Attorneys: “Smart on Crime” Sentencing Reform
Last August at the ABA Annual Meeting, United States Attorney General Eric Holder gave a speech unveiling his new proposed strategy to deal with over-criminalization. He called it “Smart on Crime.” The ABA recently reported that there seems to be bipartisan support for sentencing reform after those within and outside of our criminal justice system are finally realizing that we simply can’t afford to house the rising number of prisoners in this country. In the article, they discuss the shocking statistics – including the fact that since 1980 the federal prison population alone has increased by 800 percent from 25,000 to more than 219,000. The BOP budget makes up more than 25 percent of the entire Department of Justice budget and is projected to be as much as 40 percent of its budget by 2022.
The DOJ Smart on Crime strategy is based on five principles:
Prioritize prosecutions to focus on the most serious cases.
Reform sentencing to eliminate unfair disparities and reduce overburdened prisons.
Pursue alternatives to incarceration for low-level, nonviolent crimes.
Improve re-entry to curb repeat offenses and re-victimization.
“Surge” resources to violence prevention and protection of the most vulnerable populations.
Last May, the House Judiciary Committee appointed a task force on over-criminalization. And there are efforts to craft multiple bipartisan criminal justice reform packages, including the Justice Safety Valve Act. Eric Holder said it was “well past time to implement…changes.” Although I am thankful that DOJ is finally getting on board to support sentencing reform I am also mindful that things won’t change fast enough for our clients.
So how does this help clients today who are still currently facing draconian sentences on non-violent offenses and mandatory minimum sentences in drug offenses while we wait for Congress to act? The statements alone are helpful. Every speech that Eric Holder makes discussing the sentencing disparity in drug offenses, or advocating for sentencing reform, should be a part of every defense attorney’s presentation to a judge for a variance or departure. And although this is a federal court issue it equally translates to the problem with over-criminalization in State Courts throughout the country. It is a powerful statement that the Attorney General of the United States is advocating for sentencing reform… and we should be using his words in our advocacy for our clients.