In a Netflix original documentary titled 13TH, to signify the 13th Amendment abolishing slavery, scholars, activists and politicians discuss and analyze the criminalization of African Americans in the United States. This thought-provoking film argues that the mass incarceration of African Americans across the United States is in fact an extension of slavery. See NPR Review. The filmmaker Ava DuVernay’s website features the documentary’s official trailer along with a list of reviews from variety of newspapers. Check it out!
The adversarial system may be the best way for a society to adjudicate criminal charges to a result that will warrant public trust. But sometimes it feels like the US culture of adversarialness is just that – a pervasive method of dealing with everything that comes our way, and not simply in the courtroom. Our current political scene is certainly a reflection of that, as is the political gridlock.
A recent op-ed in the New York Times, titled President Obama’s Department of Injustice by Alec Karakatsanis, raises the question of whether our historical reliance on adversarialness – its intentional use for a good societal purpose – may have become reflexive, or unthinking, or may have simply gone too far.
On a similar topic, another example of cultural over-reaction, take a moment to view the July 26th episode of Last Week Tonight with John Oliver, in which Mr. Oliver addresses the phenomenon of mandatory minimum sentencing and President Obama’s recent grants (and denials) of clemency to some low level offenders serving mandatory minimums. In doing so, he “explains why we treat some turkeys better than most low-level offenders.”
The United States Sentencing Commission has recently approved an amendment to the Federal Sentencing Guidelines, “Drugs Minus Two,” which would reduce the sentencing guideline levels applicable to most federal drug trafficking offenses. Specifically, the amendment works to lower the base offense levels in the Drug Quantity Table prescribed under §2D1.1(c)(1) of the Federal Sentencing Guidelines Manual, which may ultimately result in a lower guideline sentencing range for many defendants sentenced under federal trafficking penalties.
The Sentencing Commission has voted to apply the amendment retroactively after determining that “setting the base offense levels above mandatory minimum penalties is no longer necessary and that a reduction would be an appropriate step toward alleviating the overcapacity of the federal prisons.” The Commission’s proposal was consistent with its obligation to formulate guidelines to “minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons. 28 U.S.C. § 994(g).
According to the Commission, there are an “estimated 46,000 offenders that may benefit from retroactive application of Amendment 782 subject to the limitation in §1B1.10 (e), and the average sentence reduction would be approximately 18 percent.”
The Chair of the Sentencing Commission, Judge Patti B. Saris, stated that “the amendment received unanimous support from Commissioners because it is a measured approach. It reduces prison costs and populations and responds to statutory and guidelines changes since the drug guidelines were initially developed, while safeguarding public safety.”
The amendment will likely go into retroactive effect beginning November 1, 2015, unless Congress disapproves of the amendment. Congress has until November 1, 2014 to make its decision. If upheld, federal prisoners may begin to petition the courts pursuant to 18 U.S.C. § 3582 (C) (2) seeking a sentencing modification based upon the new guideline ranges.
- U.S. Sentencing Commission, U.S. Sentencing Commission Unanimously Votes to Allow Delayed Retroactive Reduction in Drug Trafficking Sentences, News Release (July 18, 2014).