Thursday, August 21, 2014

Sentence Relief Requires Expertise


Sentence Relief Legislation Moves Slowly Through Congress
 

By Derek Gilna 

            While most of the recent publicity has been focused on the significant reforms approved by the United States Sentencing Commission, sentence relief bills continue to move forward in Congress, but at a glacial pace.  One of those bills in the Smarter Sentencing Act, meant to extend the benefits of the Fair Sentencing Act of 2010, and introduced by a bipartisan group including Senator Dick Durbin, a partisan Democrat, and Senator Ted Cruz, a tea-party Republican. No vote on this legislation is currently scheduled.

            This bill, although it would also reduce the length of certain offenders and reduce the federal prison population, will not help everyone.  Like most things done by Congress, this bill is focused on showing that members are still “tough on crime,” but only on certain offenders. Unfortunately,, the exclusions appear to overshadow the relief offerred.  Individuals with higher criminal history points, prior convictions involving the use of physical force or violence, or various firearm, racketeering, and sex offender (as defined in the Adam Walsh Act), get nothing from this bill.

            Relief is clearly targeted to “certain (minor) drug offenses.” Mandatory minimum sentences are all reduced dramatically and retroactivity is extended for certain offenses.  However, what does this mean to the already-incarcerated, whose offense does not fit into these narrow categories of relief?

            The answer is obvious. You can’t rely upon others to do your work for you or look after your welfare better than you can.  Although it may be comforting to some to put their fate in the hands of Congress, or a “kinder-and-gentler” DOJ, or an already-overworked Federal Defenders Program,   decades of experience has shown us that relief only comes from a focused, individualized approach.